Court No. - 81
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 576 of 2019 Applicant :- Shubhash Chandra And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Aditya Dhar Dewedi, Advocate holding brief of Sri Pradeep Kumar Pal, learned counsel for the applicant and Sri Attrey Dutt Mishra, learned A.G.A. for the State.
This transfer application has been filed with a prayer to transfer the Case No. 1784 of 2012 (State Vs. Raj Kumar and others) in pursuance of Case Crime No. 376 of 2010, under Section 379 & 411 I.P.C., Police Station Kotwali, District Mathura, from court of Special Judge (DAA) Farrukhabad to District Mathura (connected with Special Case No. 119 of 2011, arising out of Case Crime No. 400 of 2006, under Section 392, 411 I.P.C., Police Station Jahanabad, District Farrukhabad) to any other court having same jurisdiction in Disrtrict Mathura which is pending in the court of learned Special Judge (DDA) Farrukhabad.
It is argued by the learned counsel for the applicant that the order dated 12.08.2013 was passed by this Court without giving any opportunity of hearing to him hence, the said case mentioned above should transfer to Mathura Judgeship from Farrukhabad judgeship.
I have perused the order of this Court dated 12.08.2013 annexed at page 49 of the paper book in the said case, the transfer application was moved for transferring the proceedings of S.T. No. 190 of 2011 arising out of Crime No. 40 of 2009, under Section 379 411 Farukhabad before the Court of Special Dacoity Affected Area Judge to be transferred to District Mathura and for being decided along with S.T. No. 518 of 2010 arising out of Case Crime No. NIL of 2010, under Section 14/102 Cr.P.C. and Section 414/420, I.P.C. P.S. Kotwali, District Mathura, pending before the court of Additional District Judge, Court No. 5, Mathura. It is mentioned in the said order that the prayer was made by the applicant in the said case that motor-cycle was stolen at District Farrukhabd and the thereafter the recovery of the same was made from District Mathura and therefore, it was prayed that both the cases should be clubbed together and decided either at Mathura Judgeship or Farrukhabad Judgeship. The Court in its discretion had passed the following order on 12.08.2013:
"In view of the above, the proceedings of Sessions Trial No. 518 of 2010 arising out of Case Crime No. NIL of 2010 under Section 14/102 Cr.P.C., and Sections 414/420 I.P.C., Police Station Kotwali, District Mathura, pending before learned Additional District and Sessions Judge, Court No.5, District Mathura be transferred from the Court of learned Additional District and Sessions Judge, Court No.5, District Mathura to the Court of Special Dacoity Affected Area, District Farrukhabad to be considered and decided along with Special Sessions Trial No. 119 of 2011 arising out of Case Crime No. 400 of 2006 under Sections 392, 411 I.P.C., Police Station Jahanganj, District Farrukhabad."
I see no reason to allow the present application because the transfer made by this court's order dated 12.08.2013 was made after thorough consideration and it does not suffer from any infirmity, hence, this transfer application deserves to be dismissed and is accordingly dismissed.
Order Date :- 28.11.2019 VPS