Allahabad High Court
Ashish @ Anshu And Another vs State Of U.P. And Another on 19 August, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 309 of 2019 Applicant :- Ashish @ Anshu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Tewari,Braham Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicants, learned counsel for opposite party no. 2 and learned A.G.A. for State.
This application under Section 407 of Criminal Procedure Code has been filed by applicants with a prayer for transferring back Sessions Trial No. 1115 of 2011 (arising out of Case Crime No. 277 of 2011) State Vs. Ashish and another, under Section 302 I.P.C. and Section 3(2)(5) S.C./S.T. Act, Police Station Chandausi, District Moradabad (Sambhal), pending in the Court of learned Additional Sessions Judge, Court No. 2, Moradabad and transferred to Court of Sessions Judge, Sambhal at Chandausi under administrative order after creation of District and Sessions Judgeship Sambhal at Chandausi to District and Sessions Judgeship at Moradabad.
Learned counsel for applicants argued that it was a part heard sessions trial, but the same has been transferred to Court of Sambhal at Chandausi in defiance of circular letter regarding transfer of cases on creation of new district and sessions division. Evidence has been recorded at previous court, hence this application for transferring above sessions trial back to above previous court.
Learned A.G.A. is having no objection.
Learned counsel for opposite party no. 2 argued that it was convenient for both sides to be at Sambhal at Chandausi because distance of Chandausi is nearer in comparison to Moradabad and it was neither a tied up case nor part heard case because evidence has yet not been completed.
Having heard learned counsel for both sides and gone through facts mentioned before this Court, it is apparent that this session trial was pending before Court of Additional Sessions Judge, Court No. 2, Moradabad, exercising jurisdiction under S.C./S.T. Act. Evidence in part was got recorded at above Court, but owing to creation of Sessions Division, Sambhal at Chandausi, the same has been transferred to Court of Sessions Judge, Sambhal at Chandausi in view of circular no. 49/2000/Admin.(A-3) dated 1.11.2000, regarding transfer of pending cases, pertaining to new districts, from parent districts to newly created districts, Court has been pleased to observe that except part heard cases pertaining to new districts, the other pending cases, relating to newly created districts be transferred to new created districts.
In view of above, District and Sessions Division, Sambhal at Chandausi, has been transferred the case, which was a part heard case at its parental judgeship. Hence, District and Sessions Judge, Sambhal at Chandausi is being directed to transfer the record of above sessions trial to Additional Sessions Judge, Court No. 2, Moradabad for its disposal on merit at the earliest.
Transfer application is accordingly allowed.
Order Date :- 19.8.2019 NS