This single-paragraph order dismisses a transfer application as infructuous after further investigation was directed based on a protest petition, clarifying that justice requires due process.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 232 of 2018
Applicant :- Raj Kumar Saini Opposite Party :- State Of U.P. And 5 Ors. Counsel for Applicant :- Shikhar Awasthi,Dhirendra Kumar Ojha
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned A.G.A. has filed instruction dated 19.07.2018 in Court, the same is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Instructions were sought by the learned A.G.A. from the Court and particularly the Court of C.J.M., Fatehpur, whereby instruction dated 19.07.2018 has been brought to the notice of this Court, whereby, it has been submitted that on the protest petition of the applicant further investigation has been directed.
In view of above, it would not in the fitness of things to keep the Transfer Application pending as the outcome of further investigation cannot be pre-empted at this stage. However, it is clarified that justice does not mean that justice will always favour of the victim. Justice means due process of law and if due process of law has been adopted, then the procedure cannot be doubted.
In view of above, this Transfer Application becomes infructuous and the same is dismissed as such.
However, applicant is free to exhaust all its legal remedy as and when so ripens in future.
Order Date :- 7.8.2018 Raj
Raj Kumar Saini
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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