( 1 ) THE petitioners, who are two amongst the original nine accused of Sessions Case No. 45 of 1993, are facing trial for offences punishable under Secs. 120-B, 143, 147, 148, 149, 302, 323 and 307 of the Indian Penal Code. It appears that there are cross-cases the other being Criminal Case No. 44 of 1993 which is also pending before the Sessions Court, Baroda.

( 2 ) IT appears that Mr. M. H. Shah, 3rd Additional Sessions Judge, Baroda framed charge against the accused in the said case on 25-1-1994. Said Shri Shah was thereafter transferred from Baroda to Surat and the learned Sessions Judge entrusted the said Sessions Cases to Shri S. S. Patel, 3rd Additional Sessions judge. An averment has been made in the petition that the said Shri Patel also decided application Ex. 35 on 4-7-1994 and directed the prosecution to produce certain evidence before the Court on or before 18-7-1994. The Investigating Agency has also partly complied with the said direction. However, the matter was thereafter adjourned to 16-8-1994. It further appears that the learned Sessions Judge, in exercise of the power conferred upon him under Sec. 194 read with Sec. 409 of the Criminal Procedure C