1. - Heard the learned counsel for the petitioner and learned Public Prosecutor for the State and perused the order impugned.

2. The contention of the learned counsel for the petitioner is that in the instant case evidence has been recorded and the matter is fixed for recording statement of accused under Section 313 Cr.P.C. In the court of Additional Sessions Judge, Sangariya, bearing Sessions Case No. 4/05 (State v. Pala Singh). According to the learned counsel for the petitioner, accused petitioner is in jail since 11.11.04 and the Court of Additional Sessions Judge, Sangariya, is lying vacant from 27.5.05, therefore, his case may be transferred to any other court in Hanumangarh District.

3. Learned Public Prosecutor has opposed the application.

4. After having considered the submissions made before me, particularly, the fact that entire evidence in this case has been recorded and the matter was fixed for recording statement of accused person under Section 313 Cr.P.C., and more than one year has passed thereafter but no Presiding Officer has been posted in the Court of Additional District & Sessions, Sangariya.

5. Taking into the consideration entire facts and circumstances of the case, I deem it just and proper to allow the transfer petition moved under Section 407 Cr.P.C.

6. Accordingly, the transfer petition is allowed and it is hereby ordered that Sessions Case No. 4/05-State v. Pala Singh pending in the court of Additional District & Sessions Judge, Sangariya is hereby withdrawn and the same is transferred to the court of Additional Sessions Judge (Fast Track), Hanumangarh, for trial and decision according to law.

7. The transfer petition stands disposed of accordingly.Petition allowed.

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