the charge-sheet and the complaint case were filed. On 1st March, 1983 cognizance of the offences was taken by the learned CMM. On 8th January, 1986 case was sent to the learned Metropolitan Magistrate by the learned CMM for recording of the statement of the approver when on 17th December, 1986 statement of Jhanna Lal was recorded as PW-1 by the learned Metropolitan Magistrate in the complaint case but not in the State case. On 28th September, 1987 both the State case and the complaint case were clubbed and directed to be tried together as State case. The learned Metropolitan Magistrate also observed that since the examination-in-chief of the approver had been recorded in the complaint case only so his examination-in-chief be recorded again on 1st December, 1987. However, later vide order dated 15th March, 1989 the learned Metropolitan Magistrate noted that there was no need of examining the approver again. On 8th January, 1990 the file was sent to the learned CMM as statement of the approver had been recorded by the learned Metropolitan Magistrate. On 11th October, 1996 charge was framed against the accused and on 6th September, 1999 the learned CMM sent the case for trial to the learned Additional Sessions Judge (ASJ) when the learned ASJ re-framed the charge on 15th February, 2011. On 30th April, 2011 Jhanna Lal the approver passed away without being examined and cross-examined before the learned ASJ. Intimation of death of Jhanna Lal was given to the Court on 26th July, 2014 and on the same day, petitioner filed an application seeking transfer of the trial to the Court of learned CMM which was dismissed by the impugned order dated 7th October, 2011.
