(July 10, 2001) 2001 (TLS)125246

2001-DLT-94-526 :: 2001-AD (Del)-6-818

DIWAKAR Vs. State (National Capital Territory of Delhi)

ARIJIT PASAYAT

( 1 ) THIS application under Section 407 of the code of Criminal Procedure ( code for short) is for transfer of the case relating to FIR No. . 179/97, u/s 302/34 INDIAN PENAL CODE, presently pending trial before Shri d. C. Anand, Additional Sessions Judge, Karkardooma courts, Delhi, to the court of Shri Ajit Bharihoke, presently Presiding Judge, MACT, Karkardooma Courts, delhi. The main ground on which such a prayer has been made is that prosecution as well as defence evidence has been closed and statement of the accused has been recorded in terms of Section 313 of the Code and, therefore, trial is practically over. Since the evidence has been recorded by Shri Bharihoke, it is just and proper that finality to the trial should be given by him.

( 2 ) WHEN the matter was placed before the learned Single Judge, it was noticed that in another matter i. e. Crl. M. (M) No. 3174/2000, a reference has been made to a larger Bench, doubting the correctness of view expressed by another learned Single Judge in sushil Sharma v. State [crl. M