This order grants a transfer application to shift a pending criminal trial from the Additional Sessions Judge to another court. The judgment relied on the respondent's consent to allow the transfer.
The Transfer Application is allowed. The District and Sessions Judge directed to dispose of the case or transfer it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 89
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 23 of 2020
Applicant :- Vivek Tripathi And 2 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Amit Misra,Pankaj Misra Counsel for Opposite Party :- G.A.,Mansoor Ahmad,Sudhanshu Srivastava
Hon'ble Anil Kumar Ojha,J.
Case called out in the revised list.
Heard learned counsel for the applicants, learned counsel for the O.P. No. 2, learned A.G.A. for the State and perused the record.
Applicants have moved this Transfer Application to Transfer S.T. No. 41 of 2017, State Vs. Vivek Tripathi and Others under Sections 307, 147, 148, 149, 120B I.P.C. arising out of Case Crime No. 558 of 2016, P.S. Chakeri, District Kanpur Nagar pending in the Court of Additional Sessions Judge, Court No. 18, Kanpur Nagar to any other Court of competent jurisdiction within the Sessions Division of District Kanpur or to any other District.
During arguments, learned counsel for the O.P. No. 2 submitted that she has no objection if the case is transferred to any other Court.
It is pertinent to note that case, sought to be transferred, was transferred from one Court to another while case was pending for statement under Section 313 Cr.P.C.
Keeping in view the facts and circumstances of the case, consent of learned counsel for the O.P. No. 2, this Transfer Application deserves to be allowed and is accordingly allowed.
District and Sessions Judge, Kanpur Nagar is directed to dispose of the case either himself or transfer it to other Court as he deems appropriate.
Office to communicate this order to District Judge, Kanpur Nagar through FAX as well as Email for necessary information and compliance.
Order Date :- 15.3.2022/A. Mandhani
Digitally signed by ABHISHEK MANDHANI Date: 2022.03.15 17:00:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Transfer Application for the contentions of the applicants should be allowed.
Vivek Tripathi And 2 Ors.
State Of U.P. And Anr.
ABHISHEK MANDHANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
