The court treated a criminal transfer application as infructuous and dismissed it. The applicant cited a statement (dated 20.11.2019) indicating that the Presiding Officer against whom the transfer was sought had been transferred in April 2019.
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Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 24 of 2019
Applicant :- Ghanshyam Alias Lali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saket Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Saket Jaiswal, learned counsel for the applicant pointed out that a transfer application was moved on behalf of the applicant and other co-accused before the Sessions Judge concerned on 10.10.2018 on the grounds that Sri Jagdish Narayan Sharma who is senior advocate, is doing pairvi of the case of the applicant and other co-accused. During pairvi of the case some hot talk has taken place in between Sri Jagdish Narayan Sharma and the Presiding Officer, court no. 4 due to which Sri Jagdish Narayan Sharma annoying with the behaviour of Presiding Officer has withdrawn his vakalatnama from the case and now he is not ready to argue the case. When the applicant gave an application seeking one month's time to engage another counsel, the Presiding Officer concerned imposed cost of Rs. 1200/- to give the prosecution witness no. 5. Before summoning the prosecution witness no. 5, the said court got Rs. 1000/deposited as expenses. The applicant is at his wit's end and does not hope for justice from the said court. The transfer application was rejected by the learned Sessions Judge, Hamirpur on 23.10.2018 which has been challenged before this Court.
Learned counsel for the applicant submits that in the comments of concerned Presiding Officer dated 20.11.2019 it has come that the then Presiding Officer Sri Shailoj Chandra has been transferred to another district in the month of April 2019 therefore, this transfer application has become infructuous and it may be dismissed as infructuous.
According this transfer application is dismissed as infructuous. Order Date :- 21.1.2020 Gss
Ghanshyam Alias Lali
State of U.P.
Bachchoo Lal
As recorded by the court registry
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