Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 462 of 2019 Applicant :- Dinesh Chandra Trivedi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This transfer application has been moved by applicant with prayer for transferring Sessions Trial No. 179 of 2008, under Section 307 I.P.C., Police Station Kotwali, District Varanasi to the Court of Special Judge, U.P. S.E.B. (Anti-Corruption), Varanasi.
Learned counsel for applicant argued that Sessions Trial No. 179 of 2008 was pending before Court of Additional Sessions Judge, Court No. 4, Varanasi, wherein presiding Judge Sri Rajeev Kamal Pandey has recorded statement under Section 313 Cr.P.C. as well as testimony of DW-1 and DW-2. Thereafter, arguments of prosecution and of defence in part was heard. Subsequently, he was transferred to Court of Special Judge, U.P.S.E.B. (Anti-Corruption), Varanasi and this file remained with above Court of Additional Sessions Judge, Court No. 4, Varanasi. As this case was part heard by above previous presiding Judge, hence an application was moved before Court of Sessions Judge, Varanasi with a prayer for transferring above sessions trial from Court of Additional Sessions Judge, Court No. 4, Varanasi to Court of Special Judge, U.P.S.E.B. (Anti- Corruption), Varanasi for its decision. Learned Sessions Judge, Varanasi called for report from presiding Judge of Court of Additional Sessions Judge, Court No. 4, Varanasi, wherein it was admitted that trial was part heard before Shri Rajeev Kamal Pandey, the then presiding Judge, hence the present Judge Shri Pushkar Upadhyaya is having no objection in case of its transfer. Even then, learned Sessions Judge, Varanasi vide its order dated 26.08.2019 has rejected transfer application. Hence, this application with above prayer.
The only reason for moving this transfer application is that presiding Judge Shri Rajeev Kamal Pandey has heard argument in part in this case. No allegation against present presiding Judge Shri Pushkar Upadhyaya or any other Judge is there.
From the perusal of comment of Presiding Judge Shri Pushkar Upadhyaya and order of Sessions Judge, Varanasi dated 26.08.2019, it is apparent that Sri Rajeev Kamal Pandey was presiding Judge, when trial proceeded after the transfer of erstwhile presiding Judge Shri Gulam Ul Madaar, who had recorded testimony of all witnesses of prosecution and it was statement under Section 313 Cr.P.C. and testimony of DW-1 and DW-2, which were recorded before Shri Rajeev Kamal Pandey. Thereafter, arguments of persecution and of defence in part was heard. But neither Shri Rajeev Kamal Pandey delivered judgment nor he made any request for getting that sessions trial transferred to him.
This Court takes notices that Special Judge are designated for trying special type of cases. U.P.S.E.B. (Anti-Corruption), Varanasi is special court for many districts having a large pendency before it and trial which is being requested to be transferred is simply a session trial for offence punishable under Section 307 I.P.C. and it was being tried before Court of Additional Sessions Judge, Court No. 4, Varanasi. There is no complaint against any presiding Judge.
Under above facts and circumstances, transfer application is rejected.
However, trial is on advance stage, hence presiding Judge of Additional Sessions Judge, Court No. 4, Varanasi is being directed to get this trial concluded within one month from the date of production of certified copy of this order before him.
Order Date :- 30.9.2019 NS