Court No. - 44
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 469 of 2018 Applicant :- Ompal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A.
This writ petition has been filed for transferring Sessions Trial No.34 of 2013(State Vs. Hari Shanker) arising out of case crime no.73 of 2012 under Sections 302, 307 IPC, Police Station- Kurhfatehgarh, District-Sambhal pending in the court of learned Additional District Judge-II, Moradabad to the Court of District Judge, Sambhal at Chandausi.
The contention advanced by learned counsel for the applicant is that the distance between Chandausi and Moradabad is 45 kilometers, whereas the accused are resident of Chandausi. Therefore, no useful purpose will be served, if the accused are asked to travel on each date from Chandausi to Moradabad as causes inconvenience to him as he is poor. Therefore, in the interest of justice proceeding of aforesaid sessions trial may be transferred from Moradabad to Chandausi, District-Sambhal.
I have considered the submissions so made and also considered the various aspects in this regard, poverty and inconvenience alone is not a ground to transfer the case.
In view of above, there is no reason made out for interference for transfer of this case to District Sambhal from Moradabad.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 26.11.2018 Sumit S