Court No. - 41
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 383 of 2018 Applicant :- Faheem @ Mohd. Faheem Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Mukesh Joshi, Advocate holding brief of Sri Manish Joshi, learned counsel for the applicant, learned AGA for the State and perused the record.
The application for transfer has been moved for getting the S.S.T. No.269 of 2017 (State Vs. Faheem), Case Crime No.943 of 2016, under sections 8/20 N.D.P.S. Act, P.S. Katghar, District Moradabad pending before the Court of Additional District Judge, Court No.9, Moradabad transferred from Sessions Court, Moradabad to the Sessions Court nearby districts Rampur or Amroha.
The grievance of the applicant is that after closure of prosecution evidence date was fixed for recording the statement of applicant-accused under section 313 Cr.P.C. and when he moved adjournment application along with medical certificate, seeking two weeks time, the learned Additional Sessions Judge gave only one day time; that in the circumstances, he has no hope of justice from the Court of Additional Sessions Judge, Court No.9, Moradabad and in case his trial is not transferred outside Moradabad, he will suffer irreparably.
Per contra, learned AGA submits that frivolous and misconceived application for transfer has been moved to delay the disposal of sessions trial in N.D.P.S. case and there is no sufficient ground for transferring the case; that no medical certificate was accompanied with the adjournment application and the alleged papers at Annexure No.3 are mere copy of prescription, prescribing certain medicines to 38 years old applicant for a period of two weeks by Pandit Deen Dayal Upadhyay Hospital, Moradabad and it does not show any heart ailment, as alleged by the applicant.
Upon hearing learned counsel and perusal of record, I find that the applicant has failed to show any medical certificate or ailment and there is no ground at all what to say of sufficient ground for transfer, rather the arguments advanced by learned AGA carries weight. The applicant himself is resident of Moradabad and has failed to assign any valid reason for transfer of sessions trial outside the district of Moradabad. The application is malafide, misconceived and appears to have been moved to delay the disposal of trial. The same is devoid of merits and is liable to be dismissed with cost.
The transfer application is dismissed with cost of Rs.1000/-.
The amount of cost will be deposited by the applicant before the District Legal Services Authority, Moradabad within 15 days.
Let a copy of this order be sent to District Judge/Chairman District Legal Services Authority for ascertaining compliance and to Additional Sessions Judge concerned for expeditious disposal of trial in accordance with law.
Order Date :- 30.10.2018 Tamang