Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 269 of 2018 Applicant :- Netanand And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 10.1.2019 notice has been served upon the opposite party no.2.
Heard Shri Sunil Vashisth, learned counsel for the applicants. No one appears on behalf of the opposite party no.2.
This transfer application has been filed for transferring the criminal case no. 1185 of 2011(earlier no. 3596 of 1998, 3004 of 2007 and 1702 of 2009) (State Vs. Neta Nand and others) arises out of case crime no. C-15 of 1998 P.S. Bevar District Mainpuri pending in the court of C.J.M. Mainpuri to Baghpat.
The applicant has earlier approached this court by filing Transfer Application no. 713 of 2008 which has been dismissed in default on 26.2.2014.It has been submitted that since restoration application is not maintainable in miscellaneous proceedings, the applicant did not file restoration application and has filed this application afresh. The ground for transfer is that applicant and first informant are residing at Bagpat and as such continuation of the criminal case in District Mainpuri will cause inconvenience of the parties and witnesses too.
Despite service of notice to the opposite party no.2 no one appears on behalf of the opposite party no.2,therefore, the court has no option but to treat the averments made in the affidavit as correct.
This application is finally disposed of with the direction to the District and Sessions Judge, Mainpuri to transfer the aforesaid case to the District Baghpat.The District and Sessions Judge, Baghpat is directed to assign the aforesaid case to the appropriate court.
Order Date :- 22.1.2019 Atul kr. sri.