Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 620 of 2019 Applicant :- Jitendra Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Prasad Shrivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Brij Bhushan Prasad Srivastava, learned counsel for applicant, learned AGA for State and perused the record.
The instant application has been moved for transferring Criminal Appeal No.91 of 2019 under section 101 Juvenile Justice Act (Jitendra Chauhan Vs. State of U.P.), P.S. Kotwali, District Deoria pending in the Court of Additional District Judge, Court No.8, Deoria to any other Court having competent jurisdiction at District Deoria.
Learned counsel for applicant contends that the appeal of applicant under section 101 of Juvenile Justice Act is pending before Additional Sessions Judge, Court No.8, Deoria, but as per copy of order sheet at Annexure No.4 Presiding Officer of the Court is on training since 11.11.2019, so hearing of his appeal could not take place; that it is heard that training of Presiding Officer will continue till 3rd week of January, 2020 and so the hearing of appeal of applicant, which is virtually a bail application is being delayed for no fault of applicant; that in the circumstances Criminal Appeal No.91 of 2019 under section 101 Juvenile Justice Act be transferred to any other Court having competent jurisdiction at District Deoria.
Per contra, learned AGA submits that there is no designated Court for hearing of criminal appeals under section 101 of Juvenile Justice Act and same may be transferred to any other Sessions Judge by the Sessions Judge, Deoria on transfer application if moved before it; that application for transfer is barred by proviso to section 407 (2) Cr.P.C.
Upon hearing parties' counsel and perusal of record, I find that there is nothing on record to show that Court of Additional Sessions Judge, Court No.8, Deoria is designated to be a Special Court to hear and decide appeals under section 101 of Juvenile Justice Act. Undisputedly applicant has not approached the Sessions Judge for getting the appeal transferred to some other Court, as required by proviso to section 407 (2) Cr.P.C.
In the circumstances, transfer application is not maintainable before this Court and same is disposed off with liberty to applicant to approach the Sessions Judge, Deoria by moving transfer application before it, if required or as advised.
Order Date :- 19.12.2019 Tamang