Court No. - 44
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 525 of 2018 Applicant :- Pradeep Kumar Sagar Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Anil Kumar Aditya,Anil Kumar Dhaka Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard applicant's counsel as well as learned AGA for the State and perused the record.
By means of the instant transfer application, the applicant is praying to transfer S.T. No. 59 of 2017 (State v. Pradeep Kumar Sagar), from the court of Additional District & Sessions Judge/FTC-II, Kasganj to Sambhal/Moradabad or any other nearby judgeship.
Perusal of the record reveals that opposite party no. 2 is practicing advocate at Kasganj, judgeship and there is a resolution passed by Kasganj Bar Association, dated 01.12.2016 that no advocate was argue against another advocate in any criminal/civil case contested at Kasganj, Bar.
It is a piquant situation at Kasganj Bar where the applicant is apprehending that he may not get justice at Kasganj judgeship.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to the opposite party no.2 returnable at an early date.
Opposite party no.2 may file counter affidavit annexing therewith a detailed reply to the affidavit within six weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench. Meanwhile learned counsel for the applicant shall file supplementary affidavit, annexing therewith copy of the entire order sheet of the case.
Till the next date of listing, the proceedings of S.T. No. 59 of 2017 (State v. Pradeep Kumar Sagar) shall remain stayed.
Order Date :- 21.12.2018 shailesh