Allahabad High Court
Ankit Kumar And 2 Ors. vs State Of U.P. And Anr. on 17 January, 2020
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 28 of 2020 Applicant :- Ankit Kumar And 2 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Harsh Kumar,J.
Learned counsel for applicant prays for and is permitted to mention complete address of opposite party no.2 in transfer application during course of the day.
Heard Sri Krishna Dutt Tiwari, learned counsel for applicants, learned AGA for State and perused the record.
The instant application has been moved for transferring the Case No.155 of 2019 (State Vs. Ribhu Agarwal and others) Case Crime No.238 of 2018, under sections 420, 409, 467, 468, 471, 120-B IPC, P.S. Hayatnagar, District Sambhal pending in the Court of Judicial Magistrate, Court No.1, Sambhal from District Sambhal to any other district.
Learned counsel for applicant contends that applicants are accused in Case No.155 of 2019; that on application of Arvind Garg, not party to the case, rather father of co-accused Ribhu Agarwal, copy at Annexure No.1, C.J.M., Sambhal at Chandausi, passed an order for transfer of the case from Sambhal to Chandausi without inviting objections and affording any opportunity of hearing to applicants; that by transfer of the case from the Court of Judicial Magistrate at Sambhal to Courts of Magistrate at Chandausi, applicants will suffer irreparably and they will face undue hardship in going to Chandausi on every date, while they are residents of Sambhal; that in the circumstances, the case may be transferred back to Court of Judicial Magistrate at Sambhal.
Per contra, learned AGA submits that since order dated 9.8.2019 at Annexure No.2 has been passed by C.J.M., Sambhal at Chandausi, without impleadment of and hearing applicants, the C.J.M., Sambhal at Chandausi is competent enough to recall ex-parte order dated 9.8.2019 and transfer the case back to the Court of Judicial Magistrate at Sambhal.
The transfer application is disposed of with the observation that applicants may move application before C.J.M., Sambhal at Chandausi for recall of ex-parte order dated 9.8.2019, which has been passed by C.J.M., Sambhal without impleadment of applicants and without affording opportunity of hearing to them. If the applicants move any such application before C.J.M., he is requested to dispose of it expeditiously and pass necessary afresh order with regard to re-transferring the case back, after affording reasonable opportunity of hearing to parties concerned.
Order Date :- 17.1.2020 Tamang