Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 100 of 2019 Applicant :- Satya Prakash Pandey And Anr.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.,Rajesh Dwivedi
Hon'ble Ram Krishna Gautam,J.
Heard.
This application under Section 407 Cr.P.C. has been filed by Satya Prakash Pandey and two others against the State of U.P. and Anr. with a prayer for getting Case No.18930 of 2017 (Vijay Shankar Rawat v. Satya Prakash Pandey & Ors.) under Sections 323, 379, 504 & 506 IPC, P.S.- Chakeri, District Kanpur Nagar, pending before the learned Additional Chief Metropolitan Magistrate-I, District Kanpur from above court and its adjoining district to same other district, on the ground that opposite party no.2 is a practising lawyer at Kanpur Nagar and he along with his allies assaults applicant by use of violence in case of appearance before another court. Hence, this application.
Shri Rajesh Dwivedi, learned counsel for the opposite party no.2 mentioned that he is with no objection in case of transfer of this case from Kanpur judgeship to other judgeship. This fact is admitted that opposite party no.2 is a practising lawyer at Kanpur Nagar, but use of any violence or assault is being denied.
Having heard learned counsel for both sides and considering no objection and opposite party being practising lawyer at Kanpur Nagar, a ground for transfer of Case No.18930 of 2017 from Kanpur Nagar to Fatehpur Judgeship is sufficient.
The transfer application is, accordingly, allowed.
Case No.18930 of 2017 (Vijay Shankar Rawat v. Satya Prakash Pandey & Ors.) under Sections 323, 379, 504 & 506 IPC, P.S.- Chakeri, District Kanpur Nagar is being transferred from court of Additional Chief Metropolitan Magistrate-I, Kanpur Nagar to the court of Chief Judicial Magistrate, Fatehpur, who will either proceed himself or through Magistrate of competent jurisdiction, under his own discretion.
Record of trial court of above case number be instantly transmitted to above transferee court through the concerned District & Sessions Judge.
Order Date :- 30.7.2019 Jyotsana