Court No. - 49
Case :- CRIMINAL REVISION No. - 2891 of 2018 Revisionist :- Md. Maroof Khan Opposite Party :- State Of U.P.
Counsel for Revisionist :- Ashwani Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present criminal revision has been filed to quash the impugned order dated 19.07.2018 passed by the learned C.J.M., Ghazipur in Misc. Application No. 303-A of 2018 (Md. Maroof Khan and Intezar Khan and Others) by which the learned C.J.M., Ghazipur has rejected the application filed by the applicant seeking transfer of the application filed by the applicant under Section 156(3) Cr.P.C. The said order has been passed in view of the fact that the relevant court is lying vacant. While there may not be any power with the learned C.J.M. to transfer the proceeding, however in view of Section 410 Cr.P.C. relied upon by learned counsel for the applicant, it does appear that the learned C.J.M., Ghazipur had the power to withdraw the case from a particular court to which such case had been made over where after the said C.J.M. could himself inquire and trial or refer to inquire and trial those proceedings to any Magistrate.
In view of the admitted fact that the court concerned namely A.C.J.M.-IX, Ghazipur was lying vacant, the C.J.M. could have passed appropriate order under Section 410 Cr.P.C. such that the application under Section 156(3) Cr.P.C. would have been decided expeditiously.
In view of the facts noted above, the present criminal revision is disposed of with the direction if the applicant files a fresh application before the leaned C.J.M., Ghazipur under Section 410 Cr.P.C. within two weeks from today along with a certified copy of this order, it is expected that the said C.J.M. may pass appropriate order in accordance with law on such application filed by the applicant within one week therefrom, such that application under Section 156(3) Cr.P.C. may itself be decided as expeditiously as possible, preferably within a period of three months from today.
Order Date :- 30.8.2018 Abhilash