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Tazammul Hussain vs State Of Uttar Pradesh . on 31 January, 2017

Bench: Arun Mishra, Amitava Roy

                                                    1


     ITEM NO.5                            COURT NO.10                      SECTION XVIA

                               S U P R E M E C O U R T O F              I N D I A
                                       RECORD OF PROCEEDINGS

     Transfer Petition(s)(Criminal) No(s).                     210/2015

     TAZAMMUL HUSSAIN                                                       Petitioner(s)

                                                   VERSUS

     STATE OF UTTAR PRADESH AND ORS.                                        Respondent(s)

     (with appln. (s) for stay and office report)


     Date : 31/01/2017 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ARUN MISHRA
                         HON'BLE MR. JUSTICE AMITAVA ROY

     For Petitioner(s)                Mr. Divyesh Preatap Singh, Adv.
                                      Mr. Sudhansu Palo,Adv.


     For Respondent(s)                Mr. M. R. Shamshad,Adv.
                                      Mr. Rajat Singh, Adv.
                                      Mr. Vaibhav Yadav, Adv.

                                      Mr.   S.S. Shamshery, Adv.
                                      Mr.   Amit Sharma, Adv.
                                      Mr.   Prateek Yadav, Adv.
                                      Mr.   Ankit Raj, Adv.
                                      Mr.   R.C. Kohli, Adv.
                                      Ms.   Ruchi Kohli,Adv.



                          UPON hearing the counsel the Court made the following
                                             O R D E R

The Transfer Petition is dismissed in terms of the signed order.

Digitally signed by

As it is submitted by the learned counsel NEELAM GULATI Date: 2017.02.01 16:00:41 IST Reason: appearing for respondent no.2 that the trial is virtually over and the statement of accused are required  2 to be recorded and the defence evidence, if any. In the circumstances, we expedite the trial and direct the trial court to complete the trial within a period of three months from the next date of hearing before it. In case any delaying tactics are adopted by the accused persons, it would be open to the petitioner to approach this Court again.

      (NEELAM GULATI)                  (TAPAN KR. CHAKRABORTY)
       COURT MASTER                         COURT MASTER

(Signed order is placed on the file)  1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL.) NO. 210 OF 2015 TAZAMMUL HUSSAIN Petitioner(s) VERSUS STATE OF UTTAR PRADESH AND ORS. Respondent(s) O R D E R Heard learned counsel for the parties. This Transfer Petition is filed seeking transfer of Case bearing Sessions Trial No. 478 of 2009 titled as “State vs. Ravindra Jaiswal and Others” pending in the Court of Additional Sessions Judge, Varanasi to the Court of Sessions Judge, Patiala House, New Delhi at Delhi.

We find no ground for transferring the Case bearing Sessions Trial No. 478 of 2009 titled as “State vs. Ravindra Jaiswal and Others” pending in the Court of Additional Sessions Judge, Varanasi to the Court of Sessions Judge, Patiala House, New Delhi at Delhi. Consequently the Transfer Petition is dismissed.  2

As it is submitted by the learned counsel appearing for respondent no.2 that the trial is virtually over and the statement of accused are required to be recorded and the defence evidence, if any. In the circumstances, we expedite the trial and direct the trial court to complete the trial within a period of three months from the next date of hearing before it. In case any delaying tactics are adopted by the accused persons, it would be open to the petitioner to approach this Court again.

..............J (ARUN MISHRA) …................J (AMITAVA ROY ) NEW DELHI January 31, 2017