Rongon Mukhopadhyay, J.

1. Heard Mr. Mahesh Kumar Tewari, learned counsel for the petitioner, Mr. Binod Singh, learned S.C. (L & C) representing the respondent Nos. 1 and 2 and Mr. R S. Mazumdar, Married senior counsel appearing on "behalf of the respondent No. 3.

2. In this writ application, the petitioner has prayed for the following relief's.

"(i) For a declaration that the right to their trial in a criminal case is a basic human and fundamental right to a person guaranteed under Article 21 of the Constitution of India.

(ii) For declaration that the order dated 07.04.2016 passed in S.T. No. 29 of 2015 by the learned Additional Sessions Judge, Simdega is against the object and spirit of Section 307 of the Cr.P.C. and the same is violative of the fundamental right of fair trial guaranteed to the petitioner under Article 21 of the Constitution of India.

(iii) For setting aside the order dated 07.04.2016 passed in S T No. 29 of 2015 by the learned Additional Sessions Judge, Simdega whereby the learned court has allowed the application of the prosecution to make the accused Bikram Gope @ Barood Gope, who is an active member of the banned extremist organisation PLFJ and is involved in various cases of serious nature, as an approve in terms of the provisions contained in Section 307 of Cr.P.C. read with Section 164 of Cr.P.C.

(iv) For a direction/order to the Police administration of District Sundega to inquire into the Complaint Petition of the petitioner filed from Sundega Jail on 09.01.2016 leading to the institution of Sundega P.S. Case No. 11 of 2016 corresponding to G R No. 33 of 2016, which is still pending investigation since 27.01.2016.

(v) For issuance of direction/order to the learned Trial Court not proceed in the instant matter i.e. S T. No. 29 of 2015, till the adjudication and final disposal of the instant writ petition before this Hon'ble Court.

(vi) For a direction/order to transfer S.T. No. 29 of 2015 to some other court in view of the fact that the petitioner has no faith in the Court of Shri Ram Babu Gupta, learned Additional Sessions Judge, Simdega considering his partisan conduct in the matter."

3. The factual matrix which arises in this writ application is with respect to institution of a criminal case being Kolebira P.S. Case No. 58 of 2014 in which it was alleged by the informant that his elder brother who was a Para Teacher in Government School, Jatatand, Kolebira was kidnapped by 10 accused persons on 26.11.2014 at about 2 P.M. It has been alleged that one teacher namely Sanju Nayak gave this information to the headmaster of the School Who in turn had informed the informant, leading to institution of the police case.

4. In course of investigation on 27.11.2014, the body of the kidnapped person namely, Manoj Kumar was recovered from the forest. Investigation having been concluded, the same led to submission of charge-sheet against the petitioner on 24.02.2015 for the offences under Sections 364(A)/216/120(B)/34/171C (2)(a)/171F/302/201 of I.P.C, Section 27 of the Arms Act and Section 17 of the CLA Act. After cognizance was taken, the case was committed to the Court of Sessions where charges were framed against the accused After examination of 19 witnesses on behalf of the prosecution, S.T. No. 29 of 2015 was transferred to the Court of Additional Sessions Judge, Simdega. However at that time of point, only the investigating officer was left to be examined. A supplementary case diary was submitted and 3 more witnesses were sought to be examined. After the transfer of the case, the Additional Advocate General of the State was appointed as a Public Prosecutor to conduct further prosecution. Thereafter all the witnesses including the first Investigating Officer and the second Investigating Officer stood examined. An application was submitted on 07.01.2016 by Vikram Gope @ Barood Gope expressing his desire to become an approver to repent his crime. This person was the main accused who was arrested on 14.07.2015 a