Heard Mr. Raju Giri, learned counsel for the petitioners, and Mr. R B Roy ‘Raman’, learned A.P.P. for the State.

2. The present application has been filed for setting aside the order dated 1.12.2009 passed by the 4th Additional District Judge, Bhagalpur, in Sessions Trial no.1089/04/ Tr. No. 278/09 (arising out of Kotwali P.S. Case No. 682/97) by which the petition filed by the petitioners under Section 479 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Code”) has been rejected. Learned counsel for the petitioners submits that the incident for which the trial is going on relates to the alleged assault on an Additional District & Sessions Judge who was at that time posted at Bhagalpur as well as the incident of high-handedness and assault which is alleged to have taken place in the campus of civil courts at Bhagalpur. Learned counsel for the petitioners submits that due to a judicial officer of the civil court at Bhagalpur being the alleged victim as well as the local Bar being involved, it would be appropriate that the trial is held anywhere outside the judgeship of Bhagalpur. Learned counsel submits that the principle “no one should be the judge in h