Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 217 of 2019 Applicant :- Vijay Kumar Chaudhary Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.,Jai Singh Yadav
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Vashisth, learned counsel for the applicant and Sri Jai Singh Yadav, learned counsel for the opposite party nos.2 to 5 and learned A.G.A. for the State.
The instant transfer application has been filed with the prayer to quash the order dated 3.4.2019 passed by Sessions Judge, Allahabad in Transfer Application No.81 of 2019 (Vijay Kumar Chaudhary Versus State of U.P.) and transfer the Sessions Trial No.571 of 2011 (State Versus Amit Ayra and others) arising out of Case Crime No.455 of 2010 under Sections 302, 307, 120-B I.P.C. and 3(2)(5) of SC/ST Act, pending in the court of Special Judge (SC/ST Act), Allahabad to some other court of competent jurisdiction.
Having heard learned counsel for the parties and perused the material on record, I find no illegality in the order passed by the learned Sessions Judge inasmuch as the applicant has failed to bring any material on record against the Presiding Officer that he will not hold fair and impartial trial. He has further noted that allegation that the applicant has come to know through several persons that accused persons have approached the Presiding Officer is not supported by any material on record. The apprehension of the applicant that he will not get justice from the present Presiding Officer does not appear to be reasonable on the face of it.
Considering the facts and circumstances of the case,I find no ground to transfer the proceeding of aforesaid case to any other district.
The instant transfer application is bereft of merit and it is, accordingly, dismissed.
I may record that trial is fixed for arguments. In view of it, learned Trial Judge is directed to conclude the trial within two months from the date of production/receipt of a certified copy of this order which shall be produced before him within two weeks from today.
Order Date :- 29.4.2019 MN/-