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1987 Supreme(All) 248

R.P.SHUKLA
KAUSHAL KISHOREOTHERS – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


R. P. SHUKIA. J, J.

( 1 ) THIS is an application 407, Cr. P. C. , seeking transfer of Sessions Trial No. 258 of 1986, State v. Kaushat and others to the court of Sri A. B. Shukla, Fourth Additional Sessions Judge, Etah, on the grounds; that in the aforesaid case charges were framed by Sri A. B. Shukla, the then Fifth Additional Sessions Judge, Etah, on 13-11-1986 and he fixed the case for evidence for 2nd and 3rd December, 1986. Though Sri Shukla was thereafter transferred in the same sessions division as the Fourth Additional Sessions Judge, the case remained with him as part heard, but the District and Sessions Judge transferred the aforesaid case on 12-1-1987 on the application Smt. Krishna Devi dated 9-1-1987 to Seventh Additional Sessions Judge, Etah, and hence learned counsel for the applicant has contended that the order of the Sessions Judge was improper, illegal and without jurisdiction and was liable to be set aside. The learned counsel for the applicant has also contended that Smt. Krishna Devi had no locus standi to move the transfer application dated 9-1-1987.

( 2 ) I have heard the learned counsel on either side and have perused the affidavit. Smt. Krishna Devi is a wi







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