Heard learned counsel for the applicant and learned A.G.A. for the State. The present Transfer Application has been filed for transferring Session Trial No. 151 of 2009 State Vs. Ramesh Chandra Chaudhary under section 302, 147, 148, 149 I.P.C and 7 Criminal Law Amendment Act, from the Court of Session Judge, Siddharth Nagar to the Court of Session Judge, Basti where the proceedings under the Gangster Act and under Section 3(1) of Prevention of Anti Social Activities Act, 1986 is pending consideration. It is argued on behalf of the counsel for the applicant that as per section 8 of the aforesaid Act, the S.T. No.151 of 2009 should appropriately be heard by the Gangster Court at Basti so that both the trial may be heard and decided together.
Learned A.G.A. has contended that the session trial before the Gangster Court will get precedence and in case the matter pending before the Gangsters Court is required to be heard under the Gangster Act on the same day as in S.T. No. 151/09 pending before the Session Court then an appropriate application for adjournment can be moved before the regular Session Judge at Siddharth Nagar. The said application can be decided as per settled principle of law and the sessions trial of the applicant under the Gangster Act shall get precedence.
After hearing learned counsel for the applicant, the learned A.G.A. for the State and after perusing the averments made in the transfer application, learned counsel for the applicant could not make out any good ground for allowing the transfer application. Accordingly the present Transfer Application lacks merit and is dismissed.
Order Date :- 2.4.2010 Sh