JUDGMENT

Rajesh Singh Chauhan, J.

Heard Sri Jyotindra Mishra, learned Senior Advocate assisted by Sri Ashish Kumar Singh, learned counsel for the petitioner, learned Additional Government Advocate for the State and Sri Naved Ali, learned counsel for the opposite party No.2.

2. A detailed order has been passed today i.e. 20.01.2023 in the connected application bearing TRANSFER APPLICATION (Criminal) No.124 of 2022 filed under Section 407 Cr.P.C., which reads as under:-

"Heard Sri Jyotindra Mishra, learned Senior Advocate assisted by Sri Ashish Kumar Singh, learned counsel for the applicant, learned Additional Government Advocate for the State and Sri Naved Ali, learned counsel, who has filed Vakalatnama on behalf of the opposite party No.2, the same is taken on record.

By means of this application filed under Section 407 Cr.P.C., the applicant has prayed to transfer the Session Trial No.357 of 2011 (State v. Shambhu Nath Singh and others) arising out of Case Crime No.555 of 2010, under Sections 147, 149, 307, 504 & 506 I.P.C. and Section 27 Arms Act relating to Police Station-Maharajganj, District-Faizabad from the learned Court of Additional Sessions Judge, Court-III, M.P./ M.L.A., Faizabad to the Sessions Court of any district designated for M.P./M.L.A. cases in the interest of justice. The applicant has further prayed that till disposal of this application, the aforesaid may be stayed.

It appears that after hearing at substantial length, this Court has passed a detailed order on 21.12.2022, which reads as under:-

"1. Heard Sri Jyotindra Nath Mishra, learned Senior Counsel, assisted by the counsels appearing for the learned counsel for the applicants and Sri Rao Narendra Singh, learned additional government advocate.

2. Notice on behalf of the State has been accepted by Shri Rao Narendra Singh, learned additional government advocate.

3. Issue notice to opposite Party number 2.

4. Steps by tomorrow for service of notice.

5. The present application under section 407 CrPC has been filed for transferring the proceedings of Session Trial No. 357 of 2011, State v. Shambhu Nath Singh and others, arising out of case Crime number 555 of 2010, under sections 147, 149, 307, 504, 506 IPC and section 27 of the Arms Act, P.S. Maharajganj District Faizabad, pending before the Additional Sessions Judge-IIIrd/MPMLA Court, Faizabad to any other special court of MPMLA in any other district.

6. The ground taken for transferring the said proceedings to any other Court is keenness of the learned Presiding Judge to proceed with the case despite interim order passed by this court in an application under section 482 CrPC bearing No. 8264 of 2022. The order dated 17th November 2022 passed in the said application would read as under:

"1. Notice on behalf of the State has been accepted by learned A.G.A. whereas notice on behalf of opposite party No.2 has been accepted by Mr.Naved Ali, Advocate.

2. Learned A.G.A. and Mr.Naved Ali, Advocate seek and are granted four weeks' time to file counter affidavit.

3. The petitioner is facing trial in S.T. No.357 of 2011 Case Crime No.555 of 2010 under Sections 147, 149, 307, 504, 506 IPC, 27 of the Arms Act, Police Station Maharajganj, District Ayodhya. After prosecution witness got examined, statement of the accused was recorded under Section 313 Cr.P.C. on 3.11.2022. The petitioner moved an application under Section 233(3) Cr.P.C. to examine defence witnesses. As many as 11 defence witnesses have been cited in the application.

4. Learned trial court has rejected the said application vide impugned order dated 11.11.2022 on the ground that all the witnesses who have been cited to be examined as defence witness i