JUDGMENT

DR. ARIJIT PASAYAT, J. — Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Chhattisgarh High Court dismissing the transfer petition filed under Section 407 of the Code of Criminal Procedure, 1973 (for short “the Code”) for transferring of State v. Amit Jogi, Sessions Trial No. 329 of 2005, pending in the Court of Sessions Judge, Raipur, Chhattisgarh to some other Court. The transfer was sought for primarily on the ground that the Sessions Judge before whom the trial was pending is the elder brother of a sitting MLA who is very close to the father of Respondent 3, one of the main accused persons. It was alleged that the father of Respondent 3 was the previous Chief Minister of the State and that he and the brother of the learned Sessions Judge belong to the same politi¬cal party. It was further stated that the said MLA was very close to the father of Respondent 3 who was earlier the Chief Minister of the State. Therefore, according to the appellant, he was under a bona fide and genuine apprehension that he will not get justice if the trial is conducted and concluded by the present Sessions Judge. It was also stated that the m