( 1 ) THIS is an application for transfer of a case pending against the opposite party under Section 302, Penal Code in the Court of the 2nd Additional Sessions Judge, Bareilly.

( 2 ) THE opposite party is said to have committed the murder of Raghunandan Prasad, who was the brother of the applicant.

( 3 ) THE applicant wrote out the first information report of the occurrence and sent it to the police station with Raghunandan Prasad. Raghu-nandan Prasad was conscious when he reached the police station. The police investigated the matter and prosecuted the opposite party under section 302, Penal Code.

( 4 ) THE applicant wants the case to be transferred to another Court on the ground that he does not expect a fair and impartial trial in the Court of the learned Additional Sessions Judge. When the application came up for hearing first, I was informed by the State counsel that he had no instruction either to support or to oppose it. The hearing was adjourned and when it came up again, the State Counsel informed me that he had received instructions to support it. It appears from the opposite partys affidavit that in the interval the applicant had managed to get a telegram sent