JUDGMENT :

1. Heard Shri Paritosh Shukla learned counsel for the applicant, Shri Rejesh Kumar Singh, learned Additional Government Advocate-1st assisted by Shri Himanshu Suryavanshi, learned counsel for the state of U.P./opposite party no.1 and perused the record.

2. In view of the order proposed to be passed, notice to opposite party no.2 is dispensed with.

3. This transfer application u/s 407 Cr.P.C. has been moved by applicant with the prayer to transfer the Sessions Trial No.121/2016, arising out of Case Crime No.0321/2015, State vs. Anurag Singh & Ors., under Sections 147, 148, 149, 302 I.P.C., Police Station Dhammour, District Sultanpur from the court of District Judge, Sultanpur to any other competent court or any other nearby District Court.

4. The brief facts giving rise to the present transfer application are that the Sessions Trial No.121/2016, State vs. Anurag Singh & Ors., is pending in the Court of District Judge, Sultanpur. The present applicant is one of the accused, who is facing the aforesaid trial. On 05.12.2022, arguments were heard by the Court below and 15.12.2022 was fixed for delivery of judgment. In the evening of 10.12.2022, the applicant, while he was going for some personal work, saw the vehicle of informant of the aforesaid criminal case/opposite party no.2, herein, parked outside the bungalow of learned District Judge, Sultanpur, in which the informant/opposite party no.2 was sitting. The applicant stopped there and waited for a while. He noticed that one Tarkeshwar Singh, Advocate, Ex-DGC (Criminal) came out from the house of District Judge, Sultanpur and he then drove the vehicle away, in which the first informant/opposite party no.2 was sitting. According to the applicant, Tarekeshwar Singh, Advocate had worked as DGC (Criminal), who has conducted substantial part of trial of the aforesaid sessions trial on behalf of the prosecution until his retirement. Immediately after his retirement, he has filed vakalatnama on behalf of the first informant/opposite party no.2, herein. The applicant alleges that Tarekeshwar Singh is personally interested in the outcome of present trial as he is the distant relative/well wisher of the first informant/opposite party no.2. On 12.12.2022, the applicant also came to know in his village that the first informant/opposite party no.2 has managed to have a favourable judgment in his favour. Therefore, the applicant immediately approached the Administrative Judge, Sultanpur and Hon'ble The Chief Justice through e-mail. It is also stated that the co-accused has also filed an application under Section 482 Cr.P.C. bearing No.2278 of 2022 before this Court, which is still pending and this fact was also brought to the notice of learned District Judge, Sultanpur.

5. In view of the aforesaid overall facts and circumstances of this case, the applicant has apprehension that learned District Judge, Sultanpur is personally biased and adamant to convict the applicant in the aforesaid session trial. There is every possibility that in the aforesaid situation, the trial of Session Trial No.121/2016, State vs. Anurag Singh & Ors., would not be conducted impartially and fairly, particularly keeping in view the adverse and biased remarks made by the learned District Judge, Sultanpur in the open Court.

6. In the aforesaid background, the present transfer application has been filed by the present applicant.

7. Learned counsel for the applicant reiterated the aforesaid allegations and apprehensions and submitted that in the peculiar facts of this Case, the applicant apprehends that he would not get justice from the Court where Sessions Trial No.121/2016, arising out of Case Crime No.0321/2015, State vs. Anurag Singh & Ors. is pending. His further submission is that the right of fair trial implies trial, which is conducted impartially. Therefore, he submits that the instant transfer application deserves to be allowed.

8. Per contra, learned A.G.A. has opposed the aforesaid submission and prayer m