Court rejected criminal transfer application under_section 407 Cr.P.C._as insufficient grounds were shown. Directed lower court to conclude trial within one month.
Application rejected; court directed to decide trial within one month.
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Court No. - 86 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 120 of 2021 Applicant :- Sarafat Ulla Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Kamal Kishor Mishra,Manju Verma Counsel for Opposite Party :- G.A.,Om Narayan Pandey,A/S0169 Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application is on behalf of applicant Sarafat Ulla under section 407 of Cr.P.C., with the prayer to transfer Sessions Trial No. 392 of 2011 (State Vs. Mohd. Raji) arising out of case crime no. 166 of 2011, under sections 147,148,149,302,323,504,506 I.P.C., and 7 Criminal Law Amendment Act, P.S, Ramchandra Mission, District Shajahanpur from the court of Additional Sessions Judge, Court No. 7 to the court of Additional Sessions Judge Court No.1.
The learned counsel for the applicant has submitted that the applicant is the informant in the aforesaid Sessions Trial pending before the court concerned and the case is at the stage of argument and on behalf of accused persons adjournment application was moved which was rejected vide order dated 7.1.2021 imposing cost. Aggrieved by the order, opposite party nos. 2 to 10 have filed transfer application before the Sessions Judge, Shajahanpur which was allowed vide order dated 5.2.2021. The impugned order has been been passed by the court below without sufficient and cogent ground.
Learned AGA for the State as well as Sanjay Tiwari and Om Narain have opposed the contentions made by learned counsel for the applicant.
Since the Sessions Trial pending before the court concerned is at the stage of argument and no sufficient ground has been shown on behalf of the applicant, this application deserves to be rejected.
Accordingly, the application is rejected. However, the court concerned is further directed to decide the concerned Sessions Trial within one month from the date of production of the certified copy of this order.
Application is disposed of.
Order Date :- 12.3.2021 SKS
2 issues framed by the court
Whether criminal transfer application under section 407 Cr.P.C. should be allowed in absence of sufficient cogent grounds.
Whether the Sessions Trial should be disposed of within one month.
1 provisions across 1 enactments
Sarafat Ulla
Subhash Chand
As recorded by the court registry
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