2015 CRI. L. J. 2826 ::2015 (3) All LJ 161 ::2015 (3) ALJ 161 ::(2015) 89 AllCriC 723

Allahabad High Court

Hon'ble Judge(s): Vishnu Chandra Gupta , J

Criminal P.C. (2 of 1974) , S.407, S.326(2)— Transfer of case - On ground of transfer of Judge who had recorded entire evidence of case - In view of S. 326(2), as soon as presiding Judge is transferred from particular Court, he or she ceases to exercise jurisdiction in all those cases which were pending in that particular Court on date of transfer - As such right of accused to get case decided by Judge who partly or wholly recorded evidence in case does not exist - Case cannot be transferred. AIR 1962 SC 690 and 1983 Cri LJ 205, Disting.AIR 1995 SC 1219 and AIR 2011 SC 3076, Rel. on. (Para 25 30)