Application for transfer of criminal trial dismissed. Court held applicant cannot refuse additional hearing on serious IPC sections pending on change of Presiding Officer.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 319 of 2018
Applicant :- Smt. Najreen Alias Guddi Opposite Party :- State Of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Vakalatnama filed by Shri Umesh Singh, Advocate on behalf of opposite party no.2 is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the material brought on record.
It has been submitted by the learned counsel for the applicant that in this case 24.2.2018, the date fixed was for delivery of the judgment, but due to the transfer of the Presiding Officer of the concerned trial court, judgment in the concerned Session Trial No.513 of 2008, under Sections-363, 366, 376, 506 I.P.C. Police Station-Amapur, District-Etah could not be delivered by the Presiding Officer concerned.
Prime argument advanced is to the ambit that in this case, the applicant does not wish to re-open argument before the new Presiding Officer and her case should either be adjudicated upon or it be transferred to the court of previous Presiding Officer.
Considered the entirety of the material brought before this Court and also the submission so raised by the learned counsel for the applicant.
If the applicant wishes to get her case transferred, she cannot insist that her counsel will not extend argument in her case and it is the wisdom of the court to direct additional hearing and/or re-hearing in the matter relating to serious sections of I.P.C. Therefore, contention raised does not carry any force.
This transfer application is accordingly, dismissed .
Order Date :- 16.8.2018 S Rawat
Smt. Najreen Alias Guddi
Arvind Kumar Mishra
I,J
As recorded by the court registry
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