Court No. - 44
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 518 of 2018 Applicant :- Smt. Munni Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Shamimul Hasnain Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Sri P.N. Singh, Advocate, has filed his vakalatnama on behalf of opposite party no. 2, is taken on record.
There are two connected transfer application (i) 518 of 2018 and (ii) 520 of 2018. By transfer application no. 518 of 2018 an application was sought the S.T. No. 74 of 2015 arising out of case crime no. 107 of 2017, u/s 302, 29 IPC, P.S. Pilkhuwa, District Hapur, pending before the Sessions Judge, Hapur may be transferred to corresponding court at Meerut. Similarly, in the another transfer application no. 520 of 2018, a prayer sought in S.T. No. 38 of 2015 arising out of case crime no. 107 of 2018, u/s 302, 201 IPC P.S. Pilkhuwa, District Hapur, pending in the court of Sessions Judge, Hathras may be transferred to corresponding court at Merrut.
It is contended by the counsel for the applicant that Smt. Munni is the informant of both the cases. It is further contended that the co-accused Nadeem’s Transfer Application No. 335 of 2015 was allowed by coordinate Bench of this Court on 28.07.2015 and the same is pending before Additional Sessions Judge, E.C. Act, Meerut and the two Sessions Trial nos. 38 of 2015 and 74 of 2015 may also be transferred to the same court of Meerut (Additional Sessions Judge, E.C. Act, Meerut) whereby the co-accused Nadeem’s transfer application is pending.
Heard Sri Shamimul Hasan and Sri P. N. Singh and learned AGA, Keeping in view that the case of co-accused Nadeem’s session trial has already pending at Meerut, I find no good reason to keep remaining these two session trial at Hapur. The record of both the session trial may also be transmitted forthwith to the Additional Sessions Judge, E.C. at Meerut and connect the same with S.T. No. 370 of 2015. Sri P. N. Singh, learned counsel for the opposite party no. 2 has raised no objection and submits that he is in the complete agreement with this arrangement.
Under the circumstances, both petition stands allowed. Record of both the file has been transmitted to concern court at Meerut and considering that the applicant would render cooperation in the early conclusion of trial and the trial would try to conclude the same within a period of one year from the transmission of the copy of the record.
Order Date :- 20.12.2018 Nisha