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1982 Supreme(All) 522

GOPI NATH
Shamsher Rai – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
J. S. Sengar

JUDGMENT

Gopi Nath, J.

1. THIS is a second application for transfer filed by the complainant for the transfer of Sessions Trial No. 522 of 1980 (State v. Rang Bahadur and others) pending in the court of Sri S. D. N. Singh, Sessions Judge, Allahabad, to some other court of competent jurisdiction in the district.

2. THE first transfer application was made on two grounds: One, that one Sri T. N. Singh, SI Police Lines, Allahabad, was friendly with the Sessions Judge, and the former being a relation of one of the accused viz. Ravi Deo Narain Pandey, was interested in securing his acquittal in the case and was accordingly likely to influence the Judge. THE second, that the Sessions Judge had not recorded the statement of accused Ravi Deo Narain Pandey impartially. Both these ground were found not to be made out, and the application was rejected by an order dated 28-4-1982 with the observation that no case for transfer had been made out at that stage.

Thereafter the trial proceeded, witnesses were examined and arguments were heard and the case has now been posted for delivery of judgment which has to be done expeditiously as the learned Judge is retiring towards the end of this month. It m














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