Court No. - 81
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 572 of 2019 Applicant :- Sunil Alias Mukku Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Sarvesh Kumar Dubey
Hon'ble Dinesh Kumar Singh-I,J.
Sri Sarvesh Kumar Dubey, Advocate has filed vakalatnama on beahlf of opposite party no. 2 and the same is taken on record.
Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicant, Sri Sarvesh Kumar Dubey and Sri G.P. Singh, learned A.G.A. for the State.
The present transfer application has been filed with a prayer to allow this application and quash the order dated 6.11.2019 passed by the learned District Judge, Kasganj in Transfer Application No. 227 of 2019 having S.T. No. 317 of 2016, arising out of case crime no. 261 of 2016, under sections 147, 148, 149, 307, 302, 504, 506, 34 IPC and Section 27 of Arms Act, P.S. Patiyali, District Kashiram Nagar (Kasganj) filed under Section 408 Cr.P.C., whereby learned Judge has rejected the application filed by the applicant.
It has been argued by the learned counsel for the applicant that the court concerned, before which the case is pending, has openly declared in court that he would convict the accused.
I have gone through the order of District and Session Judge, Kasganj, dated 6.11.2019, whereby transfer application has been rejected. The said order is very elaborate. It contains that three orders have been passed by this Court on 27.7.2017, 13.8.2018 and 15.2.2019 for disposal of this case, as the delay was happening in its disposal. It is further mentioned in this order that application for transfer was moved by a separate counsel, who was not actually conducting the trial and it is recorded that only with a view to get the said case transferred, the said counsel was engaged. It is also recorded in this order that earlier twice this case has been got transferred from one court to another, once at the instance of applicant and on the other time at the instance of the other party. Officer is finding himself helpless in deciding this case and it is also expressed that no sane person would profess in open court that he would decide the case in favour of one party.
In view of above, the order passed by the District & Session Judge does not suffer from any infirmity and I find that learned counsel has speculated that the trial court has colluded with the informant of this case but no concrete proof thereof seems to be there on record, hence I find that there is no reason to allow this transfer application.
Accordingly, the prayer for quashing the order dated order dated 6.11.2019 is refused.
Order Date :- 28.11.2019 A.P. Pandey