Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 200 of 2018 Applicant :- Prakash Narayan Jaiswal And 2 Ors.
Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Sushil Verma, holding brief of Sri N.L. Tripathi, learned counsel for the applicants and perused the record.
The transfer application has been moved for transfer of S.S.T. No.9 of 2002 (Rajesh Sahu versus Prakash Narayan & others) u/s 394/397 IPC, P.S. Kotwali, District Lalitpur, pending before the court of A.D.J. (Dakaiti) Lalitpur, District Lalitpur to any other district.
Upon hearing learned counsel for the applicants and perusal of record, I find that the ground for transfer mentioned is that opposite party no.2 filed complaint case against the applicants in which they were summoned and during trial, the accused applicants moved an application on 5.8.2017, for summoning some records which has been rejected by the trial court. It is also alleged that there are charges of corruption against the presiding officer of the court concerned and so the applicants have no hope and trust on the court.
It is pertinent to mention that the order rejecting application for summoning the record dated 5.8.2017, is judicial order and in case the applicants are aggrieved by that order, they may approach the higher court against the order and mere rejection of application by judicial order may not be a sufficient ground for transferring the case outside the district.
Accordingly, the application is rejected on account of insufficient grounds.
Order Date :- 30.5.2018 Shalini