Court No. - 41
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 420 of 2018
Applicant :- Pradeep Kumar Jain
Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
The present application has been filed for transferring the S.T. No.592 of 2004 (State vs. Dharampal and others) and S.T. No.932 of 2004 (State Vs. Katar Singh), under section 364 IPC arising out of Case Crime No.24 of 2004, P.S. Nai Mandi, District Muzaffar Nagar from the Court of Additional District Judge, Court No.16, Muzaffar Nagar to any other Court.
Heard Sri S.N. Singh, learned counsel for the applicant, Sri R.K. Shukla, learned AGA for the State and perused the record.
Learned counsel for the applicant contends that he is the first informant of Case Crime No.24 of 2004, under sections 364 IPC, in which on application of applicant under section 482 Cr.P.C. No.19433 of 2007 further proceedings of S.T. No.592 of 2004, State Vs. Dharampal and others, under section 364 IPC were stayed; that in furtherance of the circular letter of this Court dated 26.4.2018, which was issued in compliance with the order dated 28.3.2018 passed by the three Judges Bench of Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation 2018 0 AIR (SC) 2039, the learned Additional Sessions Judge has proceeded with the sessions trial in arbitrary manner; that according to the judgment in the case of Asian Resurfacing (supra) dated 28.3.2018, the Court was required to wait for speaking stay order uptill 28.9.2018 but it acted wrongly in proceeding before the above date by passing order dated 4.6.2018 issuing non bailable warrants against the applicant and other witnesses, without passing any order on his application 152-B by rejecting his adjournment application 154-B; that in the meantime, the applicant also made a complaint of the Presiding Officer on 31.5.2018 and getting knowledge of above complaint, the Presiding Officer became annoyed and passed order dated 4.6.2018 mentioned above; that in the circumstances, the applicant has no hope of justice from above Court and moved an application before the Sessions Judge, Muzaffarnagar for transfer of the sessions trials from the Court of Additional Sessions Judge, Court No.16 to any other Court; that the learned Sessions Judge vide impugned order dated 28.9.2018 has rejected the transfer application, hence the applicant has approached this Court; that to his knowledge, the Presiding Officer of Additional Sessions Judge, Court No.16 has now taken over charge of the Court of Additional Sessions Judge, Court No.12 and this case has been transferred to his Court; that in case the trial is not transferred to some other court, the applicant will suffer irreparable loss.
Per contra, learned AGA submits that nothing wrong has been committed by the Additional Sessions Judge or the Sessions Judge, Muzaffar Nagar and the trial has not commenced as yet, so the applicant has no reason to apprehend that he will not get justice from the Court; that even after passing of a period of more than seven months from the judgment in the case of Asian Resurfacing (supra), the applicant has not shown any speaking order about the staying of proceedings of sessions trial and there may be no justification for not proceeding with the 14 years old sessions trial; that the applicant is not participating with the progress of trial and himself delaying the disposal of trial.
Upon hearing parties counsel and perusal of record, I find that as far as the disposal of application 152-B is concerned, the trial court is required to pass appropriate orders on 152-B and proceed in accordance with law. However, there appears no sufficient ground for transferring the trial from the Court of Additional Sessions Judge concerned to some other Court. There is no illegality, irregularity or incorrectness in the impugned order dated 28.9.2018 of Sessions Judge, Muzaffar Nagar rejecting transfer application no.74 of 2018 of the applicant.The application has no force and is liable to be rejected.
The transfer application is rejected accordingly with the observation that the trial court shall pass appropriate order 152-B and also pass suitable orders on his application for recall of non bailable warrants, if any, and proceed with the trial in accordance with law to which applicant will co- operate.
Order Date :- 29.10.2018 Tamang