Court No. - 10
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 290 of 2018 Applicant :- Kanchan Maurya Alias Ram Asre Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned AGA.
This transfer application has been moved for transferring the Sessions Trial No.174 of 2014, under Sections 147, 148, 149, 307, 323, 325, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, arising out of Case Crime No.401 of 2009, P.S. Saini, District Kaushambi, pending in the Court of Additional Sessions Judge, F.T.C.-I, Kaushambi to Additional Sessions Judge, Court No.3, Kaushambi.
Learned counsel for the applicant submitted that opportunity of cross-examination of P.W.-1 has been closed by learned trial court. He further submitted that charges against accused-persons were framed and statement of P.W.-1 was recorded by the Presiding Officer, who is now holding the Court of Additional Sessions Judge, Court No.3, Kaushambi, hence the Sessions Trial should be transferred from the Court of Additional Sessions Judge, F.T.C.-I, Kaushambi to Additional Sessions Judge, Court No.3, Kaushambi. He further submitted that it will be fatal for the applicant- accused, if P.W.-1 remains uncross-examined.
Perusal of record reveals that cross-examination of P.W.-1 has been closed by learned trial court vide order dated 25.07.2018 on the ground that P.W.-1 was examined-in- chief on 30.03.2018 and since then several opportunities were provided to accused-persons for cross-examination but they did not cross-examine the witnesses, hence cross-examination of P.W.-1 was closed. Secondly, no substantial number of witnesses were examined before the previous presiding officer, who is now holding the court of Additional Sessions Judge, Court No.3, Kaushambi, rather only examination-in-chief of P.W.-1 was recorded before him.
Considering the aforesaid facts and circumstances of the case, learned counsel for the applicant could not demonstrate any proper and sufficient ground for transferring the case from the Court of Additional Sessions Judge, F.T.C.-I, Kaushambi to Additional Sessions Judge, Court No.3, Kaushambi.
However, it is provided that learned Trial Court shall provide an opportunity to applicant-accused and other co- accused persons for cross-examining the P.W.-1. It is further provided that no unnecessary adjournment shall be allowed to applicant-accused for cross-examining the P.W.-1.
With the aforesaid observations, the transfer application is disposed of.
Order Date :- 31.7.2018 atul