IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38500 of 2008 CHUNNU KISHORE TIGGA Versus 1. STATE OF BIHAR 2. NANKI TIGGA ------ 3 19.12.2008 This application has been filed for transfer of G.R.Case No. 906/03 arising out of Town P.S.case No. 143/03 from the court of Sri S.N.Ram, Judicial Magistrate, Begusarai to any other court. It is submitted by the learned counsel for the petitioner that the court below refused to give adjournment for examination of defence witness as a result of which the defence of the petitioner has been highly prejudiced. However, on perusal of the order dated 13.8.2008 passed by the Sessions Judge, Begusarai in Cr.Misc. (Tr.) No. 84/04 it would appear that several opportunities were given bythe court below for examination of defence witness but in spite of that the petitioner failed to examine the defence witness. Ultimately after lapse of three years of examination of accused under Section 313 of the Code of Criminal Procedure the defence was closed by the court below. Apparently, this transfer petition has been filed in order to delay the disposal of the case. In the facts and circumstances of the case, I am not inclined to transfer the case from the court of Sri S.N.Ram, Judicial Magistrate, Begusarai to any other court. This application stands rejected. B.Jha (Ghanshyam Prasad)