Court No. - 1
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 109 of 2018 Applicant :- Krishan Murari Agarwal Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sandeep Shukla, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. appearing for the State and perused the record.
This transfer application has been filed with a prayer to transfer the records (proceeding) of Special Trial No.31 of 2012 (State Vs. Dr. Krishna Murari Agrawal), arising out of Case Crime No.325 of 2010, under Section 7/13 (2) of The Prevention of Corruption Act, 1988, Police Station Kotwali, District Azamgarh, pending in the Court of learned Special Judge (The Prevention of Corruption Act, 1988), Gorakhpur to any competent Court at the Judgeship at Ghaziabad/ Meerut.
Learned counsel for the applicant submits that the applicant is an accused in the present case and is facing trial and he has already obtained bail in the present case. He next argued that charged have been framed against the applicant on 30.1.2014, but thereafter prosecution witnesses are not appearing before the trial Court to give their evidence. The applicant is more than 67 years of age and he is living at Ghaziabad with his wife and there is none to look after them.He further argued that the applicant is suffering from tongue cancer, 100% blockage of left internal carotid arteries, 50% blockage of right internal carotid arteries, blood pressure and other old diseases, but he has to travel to Gorakhpur for attending the trial of the present case, hence, the trial of the present case may be transferred to Ghaziabad or any other neighbouring District.
From perusal of the order sheet, it is apparent that the witnesses are not appearing before the trial Court, but from perusal of the charge sheet it appears that most of the witnesses are Government witnesses and are resident of Azamgarh and Gorakhpur and the case is pending before the learned Special Judge (The Prevention of Corruption Act, 1988), Gorakhpur.
The Director General, Medical Health, U.P. is directed to ensure that all the witness of charge sheet, who are Government Servant and were posted at Azamgarh and Gorakhpur at the time of incident where the offence in question was committed, should appear before the trial Court within two weeks from the date of production of a certified copy of this order. If the said witnesses fail to appear before the trial Court, appropriate action be taken taken against them and their salary be stopped.
The trial Court is directed to expedite the trial of the present case and conclude the same on day to day basis preferably within a period of six months from the date of production of a certified copy of this order before it.
Learned counsel for the applicant has further pointed out that since the applicant is suffering from tongue cancer, it is not possible for him to frequently visit the trial Court at Gorakhpur for participation in the trial.
The trial Court may consider the application of the applicant in accordance with law if any such application seeking exemption of the applicant is moved on any date for appearing before the trial court, but it is made clear that the evidence of the prosecution witnesses shall not be adjourned on account of the absence of the applicant or his counsel which the applicant shall ensure about the same, failing which his exemption should not allowed by the Court below.
It is made clear that the observation made by this Court directing the trial Court for exemption of the application shall not be misused by the applicant.
The Registrar General of this Court is directed to send a copy of this order to the Director General, Medical Health, U.P. for necessary information and compliance.
With the above direction, the present transfer application stands disposed of.
Order Date :- 28.3.2018 NS