Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 354 of 2019 Applicant :- Kurban Ali And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ganesh Datt Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
As per office report, opposite party nos. 2 and 3 were served in person, but none appeared on their behalf nor any counter affidavit was filed.
Learned A.G.A. filed a counter affidavit. The same is taken on record.
It has been admitted by learned A.G.A. that both the cases are cross cases and are of same occurrence, one of which is pending at Basti judgeship, whereas cross case is pending at Sant Kabir Nagar judgeship. Hence, ground of this transfer application is sufficient.
Both cases, which are cross cases, are to be heard and decided together that is why Criminal Case No. 4465 of 2001 (State Vs. Kurban Ali & others), arising out of Case Crime No. 72 of 2001, under Sections 147, 148, 323, 504, 506, 336, 452 and 427 I.P.C., P.S. Mehdawal, District Sant Kabir Nagar, pending before Judicial Magistrate-II, Basti is being transferred from Basti judgeship to Sant Kabir Nagar judgeship, where the same shall be decided along with cross case i.e. Criminal Case No. 3678 of 2015 (State Vs. Nijamuddin), arising out of Case Crime No. 72-A of 2001, under Sections 323, 336, 504, 452, 506 and 427 I.P.C., P.S. Mehdawal, District Sant Kabir Nagar, pending before Civil Judge (Senior Division) / Additional Chief Judicial Magistrate, Sant Kabir Nagar.
Accordingly, transfer application is allowed.
District and Sessions Judge, Basti is being directed to ensure transmission of record of above case to judgeship of Sant Kabir Nagar, where Chief Judicial Magistrate will ensure trial along with above connected cross case either by himself or through other Magistrate of competent judgeship.
Order Date :- 26.8.2019 NS