It was alleged that the father of respondent number 3 was the previous Chief Minister of the state and that he and the brother of the Learned Sessions Judge belong to the same political party.
It was further stated that the said MLA was very close to the father of respondent number3 who was earlier the Chief Minister of the State.
Therefore, according to the appellant, he was under a bona fide and genuine apprehension that he will number get justice if the trial is companyducted and companycluded by the present Sessions Judge.
It was also stated that the major part of the trial was companyducted by the third Additional Sessions Judge, Raipur.
6154 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Arising Out of S.L.P Crl.
Challenge in this appeal is to the order passed by a learned Single Judge of the Chhattisgarh High Court dismissing the transfer petition filed under Section 407 of the Code of Criminal Procedure, 1973 for short the Code for transferring of Sessions Trial number329/2005 State through CBI Amit Jogi and 30 others , pending in the Court of Sessions Judge, Raipur, Chhattisgarh to some other Court.
The transfer was sought for primarily on the ground that the Sessions Judge before whom the trial was pending is the elder brother of a sitting MLA who is very close to the father of respondent number3, one of the main accused persons.
