Single judge transferred application transferred application dismissed as premature since applicant must approach District Judge first before approaching High Court.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 312 of 2018
Applicant :- Shivam Katheria Opposite Party :- State Of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as the learned and perused the material brought on record.
In this case, proceedings were instituted by moving complaint. Thereafter, statement under Section-200 and 202 Cr.P.C. were recorded and the complainant/applicant was being heard on point of summoning the accused. In the meanwhile, the Presiding Officer of the court went for training, however, the complainant himself remained absent on 22.3.2018, 8/9.4.2018, 7.5.2018, 18.5.2018, 15.6.2018 and 19.7.2018. In the meanwhile, his application for transfer was moved before the Chief Judicial Magistrate, Farrukhabad with a prayer to transfer the proceeding of Case No. 629 of 2018 (Shivam Katheria vs. Abhay Singh) under Sections420, 406, 506 I.P.C. Police Station-Kotwali Fatehgarh, DistrictFarrukhabad to any other court in the District.
The Chief Judicial Magistrate after considering the application, copy whereof is Annexure No.4, passed order on 7.7.2018, whereby, he observed that only three Magisterial Courts of the judgeship including the court of Chief Judicial Magistrate, Farrukhabad is presently working in the judgeship and various likelihood of more Presiding Officer joining post of Judicial Magistrates.
Next, there was no averment for any compromise having been arrived at between the parties and the working pendency in the courts of Judicial Magistrate was heavy. In the backdrop of aforesaid, the learned Chief Judicial Magistrate, Farrukhabad dismissed the transfer application by aforesaid order.
The order dated 7.7.2018 cannot be faulted with. However, the applicant has an alternate little opportunity to move application before the District Judge, but he straightway made way to this Court which is premature at this stage.
Consequently, the transfer application is dismissed.
However, it is open to the applicant, to agitate his case before the court of Session Judge, Farrukhabad.
Observation made in the order shall have no reflection on merit.
With the aforesaid observations, this application is disposed of .
Order Date :- 16.8.2018 S Rawat
Shivam Katheria
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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