Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 1228 of 2019 Petitioner :- Ram Kishore Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned and learned AGA for the State.
The present petition has been filed to quash the order dated 26.12.2018 passed by District Magistrate, Mirzapur in Case No.6885, Computer No.D201816530006885 (Ram Narain Singh Vs. Keshav Mali), under Section 411 Cr.P.C., Police Station- Kachhawan, District- Mirzapur and order dated 23.01.20109 passed in Revision No.01 of 2019 (Ram Kishore Vs. State of U.P. & others) under Section 397 Cr.P.C.
Learned counsel for the petitioner submitted that present dispute is arising out of proceeding under Section 145 Cr.P.C. and there are serious allegations against the Presiding Officer which was duly considered by the District Magistrate in his order dated 26.12.2018 and further affirmed by the District Judge in his order dated 23.01.2019.
On query being raised by the Court that how the petitioner is aggrieved by the transfer order, he only submitted that case has been transferred 35 kilometres away from the present place and further arguments have also been completed.
The reason placed by learned counsel for the petitioner is not acceptable for the reason that 35 kilometres is not such a distance which cannot be met and further proceeding under Sections 145 & 146 Cr.P.C. is not a such proceedings that once the argument is completed, that will take a long time to complete again .
Therefore, submission made by learned counsel for the petitioner is having no force, the petition lacks merit and it is, accordingly, dismissed.
Order Date :- 26.2.2019 Junaid