Allahabad High Court
Smt. Rekha And Another vs State Of U.P. And Another on 16 December, 2019
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 424 of 2019 Applicant :- Smt. Rekha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A.,Arun K. Singh Deshwal Hon'ble Harsh Kumar,J.
Heard Sri Pawan Singh Pundir, learned counsel for applicants, Sri A.K.S. Deshwal, learned counsel for opposite party no.2, learned AGA for State and perused the record.
The instant application has been moved for transferring S.T. No.1357 of 2014 (State Vs. Sanjay and others) arising out of Case Crime No.335 of 2006, under sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Kavinagar, District Ghaziabad pending before the Court of Additional District and Sessions Judge, Court No.1, Ghaziabad to any competent Court in District Moradabad.
Learned counsel for applicants contends that applicants are accused in Case Crime No.335 of 2006 and sessions trial is pending against them before Additional Sessions Judge, Court No.1 Ghaziabad; that above case was initiated on the F.I.R. lodged by opposite party no.2, in which case charge sheet was submitted against Ajay Kumar and others, upon which their case was committed to sessions and S.T. No.156 of 2007 proceeded against them; that above S.T. No.156 of 2007 was transferred from Sessions Division, Ghaziabad to Sessions Division, Bijnor vide order dated 7.7.2010 on transfer application moved by opposite party no.2 and on modification application moved by Ajay Kumar and other accused-persons, the transfer order dated 7.7.2010 was modified to the extent that S.T. No.156 of 2007 which was transferred from Ghaziabad to Bijnor was ordered to be transferred to Moradabad vide order dated 20.5.2011 at Annexure No.4; that charge sheet was submitted against applicants subsequently, which has been committed to sessions and their Sessions Trial No.1357 of 2014 is also required to be heard and disposed of by the same Court, who has already decided S.T. No.156 of 2007 of co-accused persons.
Learned AGA and learned counsel for opposite party no.2 has no objection to transfer the S.T. No.1357 of 2014 (State Vs. Sanjay and others) arising out of Case Crime No.335 of 2006, under sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Kavinagar, District Ghaziabad pending in the Court of Additional District and Sessions Judge, Court No.1, Ghaziabad to competent court in Sessions Division, Moradabad.
In view of submissions made, the transfer application is liable to be allowed.
The transfer application is allowed accordingly.
The S.T. No.1357 of 2014 (State Vs. Sanjay and others) arising out of Case Crime No.335 of 2006, under sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Kavinagar, District Ghaziabad pending in the Court of Additional District and Sessions Judge, Court No.1, Ghaziabad is transferred from the Court of Additional District and Sessions Judge, Court No.1, Ghaziabad to the competent Court in Sessions Division, Moradabad for disposal in accordance with law.
Office is directed to communicate this order to Sessions Judge, Ghaziabad and Sessions Judge, Moradabad for ascertaining necessary compliance.
Order Date :- 16.12.2019 Tamang