Court No. - 41
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 390 of 2018 Applicant :- Haji Irfan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Anuj Kumar Gupta, learned counsel for the opposite party no.2 today in the Court is taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
The application for transfer has been moved for getting a transfer of S.T. No.713 of 2016, Case Crime No.638 of 2015, under sections 307, 323, 447, 504, 506 IPC, P.S.
Sambhal Kotwali, District Sambhal pending before the Court of F.T.C. Court No.1, Moradabad from Moradabad to Sambhal at Chandausi.
Upon hearing parties counsel and perusal of record, I find that it is the case of applicant that opposite party no.2 lodged a F.I.R. against the applicant and his sons on 21.12.2015 at Case Crime No.638 of 2015, under sections 307, 323, 447, 504, 506 IPC for the alleged incident at 11:00 a.m. on 21.12.2015 and regarding the same incident, the applicant lodged a F.I.R. against the sons and relatives of opposite party no.2 at 9:30 p.m. on same day at Case Crime No.638-A of 2015, under sections 323, 504, 506, 452, 447 IPC. Upon investigation, charge sheet was submitted in both the cases and in Case Crime No.638-A of 2015 cognizance was taken by C.J.M., Sambhal at Chandausi, the C.J.M. of newly carved out district and in Case Crime No.638 of 2015 also charge sheet was submitted and S.T. No.713 of 2016 is pending before the Additional Sessions Judge, F.T.C., Court No.1, Moradabad. The place of occurrence situate at Sambhal within the district Moradabad from which a new district Sambhal has been carved out with Sessions Court at Chandausi. The first informant and accused-persons of two criminal cases belong to Sambhal and all the witnesses in both the cases are also from Sambhal so undisputedly it will be inconvenient for either party as well as witnesses to conduct their cases at Moradabad. Since the two cases are cross cases of each other and are required to be tried together, it will be proper to transfer the proceedings of S.T. No.713 of 2016, Case Crime No.638 of 2015 from Sessions Court, Moradabad to newly carved out district Sambhal in Sessions Court of Sambhal at Chandausi. Since both the parties and witnesses shown in the charge sheet in two cases belong to Sambhal, so I find that it will be in the interest of justice as well as in favour of convenience of parties and witnesses, the two cases are required to be tried together and S.T. No.713 of 2016, Case Crime No.638 of 2015, under sections 307, 323, 447, 504, 506 IPC, P.S. Sambhal Kotwali, District Sambhal be transferred.
The learned counsel for the opposite party no.2 submits that the trial of S.T. No.713 of 2016 is in progress and several witnesses have been examined.
In view of discussions made above, I have come to conclusion that the applicant has shown sufficient cause that transfer of proceedings of S.T. No. 713 of 2016, Case Crime No.638 of 2015, under sections 307, 323, 447, 504, 506 IPC will tend to general convenience of the parties or witnesses and it would be expedient in the interest of justice to transfer the S.T. No.713 of 2016, Case Crime No.638 of 2015, under sections 307, 323, 447, 504, 506 IPC from Sessions Court District Moradabad to Sessions Court District Sambhal at Chandausi.
The transfer application is allowed. The S.T. No.713 of 2016, Case Crime No.638 of 2015, under sections 307, 323, 447, 504, 506 IPC, P.S. Sambhal Kotwali, District Sambhal pending before the Court of F.T.C. Court No.1, Moradabad is transferred from Sessions Court District Moradabad to Sessions Court, Sambhal at Chandausi.
Office is directed to communicate this order to District and Sessions Judge, Moradabad and District and Sessions Judge, Sambhal at Chandausi, for ascertaining necessary compliance, so that the two cases may be proceeded further and decided in accordance with law.
Order Date :- 29.10.2018 Tamang