V. Bhargava, J. :- This is an application for transfer of a case pending in the Court of Sri Girja Shanker Misra, Special Magistrate, first Class, Lucknow. Under a notification issued by the U.P. Government powers of a Magistrate of the first class were conferred upon Sri Girja Shanker Misra to try or commit cases investigated by the Government of India Special Police Establishment throughout Uttar Pradesh for so long as he held the office of the Special Magistrate.

2. The case against Nem Chand applicant was investigated by the Government of India Special Police Establishment and consequently it came up for trial before the learned Special Magistrate. The transfer is sought mainly on two grounds. One ground is that it is highly inconvenient and expensive to the applicant to be tried in Lucknow when he resides in the District of Saharanpur and all his defence witnesses also come from Saharanpur. It is said that the balance of convenience would be in favour of having the case tried at Saharanpur, because there are only six prosecution witnesses, four of whom come from Saharanpur and the neighbouring district of Dehra Dun; whereas all the sixteen defence witnesses come from t