Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 335 of 2018 Applicant :- Hifzur Rahman And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- S. Rashid,Shadab Ali Counsel for Opposite Party :- G.A.,Om Narayan Tripathi,Rajeev Kumar Saini
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, Shri Rajeev Kumar Saini, learned counsel for the opposite party no.2 and Shri Om Narain Tripathi, learned A.G.A. Ist assisted by Shri Ajay Kumar Singh, brief holder, learned counsel appearing for the State.
This application has been filed praying for transfer of the case no. 1984 of 2018 arising out of case crime no. 256 of 2017 under sections 363, 366, 376, 420, 120-B I.P.C. and section 4 POCSO Act P.s. Kakore District Bulandshahar,(State Vs. Mohammad Rizwan) pending in the court of Additional District and Sessions Judge Court No. 8, District Bulandshahar be transferred from Bulandshahar to any other district.
The submission is that applicants have apprehension at Bulandshahr since applicants have approached the court below for surrender and filed their bail applications in view of the order passed by this court but the B.J.P. workers have gathered before the court below and threaten them of their life.
Learned counsel for the opposite party no.2 has vehemently opposed the application of the applicants on the ground that applicants have not surrendered before the court below despite the order passed by this court and the Apex Court.
Learned counsel for the applicants assures that they will surrender before the court below as and when the record of the court below is received by the District Court of Hapur..
This application is finally disposed of with the direction to the District and Sessions Judge, Bulandshahar to transfer the aforesaid case to the District Hapur within one month from the date of production of certified copy of this order before him.The District and Sessions Judge, Hapur is directed to assign the aforesaid case to the appropriate court.
Till the record of the aforesaid case is received, no coercive action shall be taken against the applicants.
Order Date :- 30.1.2019 Atul kr. sri.