Allahabad High Court
Sita Ram Yadav vs Special Chief Judicial Magistrate And ... on 14 February, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- MATTERS UNDER ARTICLE 227 No. - 1134 of 2020 Petitioner :- Sita Ram Yadav Respondent :- Special Chief Judicial Magistrate And Another Counsel for Petitioner :- Ram Sanehi Yadav Hon'ble Ram Krishna Gautam,J.
This proceeding under Article 227 of Constitution of India has been filed by Sita Ram Yadav, with a prayer for setting aside impugned order of Court of Chief Judicial Magistrate, Allahabad, transferring Criminal Case No. 138 of 2017 (State Vs. Sita Ram Yadav and others).
Learned counsel for the petitioner argued that an transfer application Criminal No. 14 of 2018 (Surya Nath Pal vs. State of U.P. and others) was allowed vide order dated 24.10.2019 by this Court. A recall application was filed by petitioner, wherein, 30.3.2020, has been fixed. During the pendency of recall application, record of Case No. 138 of 2017 (State Vs. Sita Ram Yadav), may not be transferred from Allahabad to Bhadohi and for this an application was moved before court of Sub Divisional Magistrate, Allahabad, wherein, same was rejected. Applicant is getting medical treatment at Kamla Nehru Memorial Hospital, Allahabad and he is under serious ailment of kidney disease. Hence, unable to attend the Court at Bhadohi. Hence, this application with above prayer.
Learned AGA has vehemently opposed the above prayer.
Order passed over Transfer Application (Criminal) No. 14 of 2018, is on merit. Recall of application is being said to be moved and is pending. Application was moved before Sub Divisional Magistrate, Allahabad, wherein, it was rejected on the ground that file has already been transferred. Meaning thereby, nothing was touched by Court of Sub Divisional Magistrate, Bhadohi, till disposal of above application moved before this Court, rather, order of this Court was complied with and file was not before him. Hence, in passing of this order, there occurred no misuse of process of law. Rest of the arguments is to be seen in recall examination at the time of its disposal.
Accordingly, this application is finally disposed of.
Order Date :- 14.2.2020 Kamarjahan