Heard learned counsel for applicant and learned A.G.A.
This application has been filed by the applicant Dr. Babu Lal Arya with a prayer that the proceedings of case No. 4424 of 2007 arising out of case crime No. 270 of 2006 under sections 420, 467, 468, 471, 120-B IPC, P.S. Medical, District Meerut pending in the court of learned C.J.M. Meeurt may be transferred to Agra judgeship because the proceedings of case crime No. 1255 of 2006 arising out of case crime No. 509 of 2006, P.S. New Agra are pending in the court of learned C.J.M. Agra, in both the cases the issue involved is of common in nature. Both the cases may be decided by the same court so that the contradictory verdict may not be given.
In reply of the above contention it is submitted by learned A.G.A. that the main FIR was lodged against the applicant in case crime no. 509 of 2006 under sections 420, 463, 464, 467, 468, 469, 470, 471, 201 IPC at P.S. New Agra, District Agra in which the chargesheet has been submitted and learned Magistrate concerned has taken the cognizance against the applicant. The proceedings against the applicant in case no. 1255 of 2006 are pending in the court of learned C.J.M. Agra, subsequently the FIR of this case has also been registered. The issue involved in both the FIRs is of common in nature. There is no objection from the side of the State if both the cases are tried together by the same court.
Considering the submissions made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that FIR of this case has been lodged in respect of revaluation of the copies of the university. The main FIR has been lodged in case crime no. 509 of 2006 at P.S. New Agra, District Agra in which chargesheet has been submitted and the learned Magistrate has taken the cognizance. The proceedings of its case are pending in criminal case no. 1255 of 2006 in the court of learned C.J.M. Agra. The issue involved in the present case in which the chargesheet has been submitted at Meerut is of common in nature. To avoid the different verdict on the same issue, it is necessarily required that both the cases be tried by the same court, therefore, it is directed that the record of case No. 4414 of 2007 under sections 420, 467, 468, 471, 120-B IPC, P.S. Medical, District Meerut pending in the court of learned C.J.M. Meeurt shall be transferred to learned C.J.M. Agra and this case shall be decided along with criminal case No. 1255 of 2006 by the same court.
With the above direction, this application is allowed.
Let a copy of this order be communicated to learned Sessions Judge, Meerut and learned Sessions Judge, Agra within a week for the compliance.
Order Date :- 6.1.2010 RPD