Allowed

Hidayat Ali and 6 Others v. State of U.P. and 4 Others

Allahabad HC29 Mar 2022TACR/33/2020

Case brief

AI extract

What is this about?

Bench allowed the transfer application seeking transfer of State vs. Hidayat Ali (S.T. No.1283 of 2016, Crime No.249 of 2016) from Fast Track Court-III, Moradabad to a competent court in District Sambhal, Chandausi, to avoid contradictory findings and ensure convenience.

What did the court decide?

Transfer Application allowed; S.T. No.1283 of 2016 transferred from Fast Track Court-III, Moradabad to court in District Sambhal at Chandausi.

Hidayat Ali and 6 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 89

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 33 of 2020

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Applicant :- Hidayat Ali And 6 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicant, learned A.G.A.for the State and perused the record.

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None present on behalf of O.P. No.2 despite service of notice.

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Applicant has filed this transfer application to transfer S.T. No1283 of 2016, arising out of Crime No.249 of 2016(State vs. Hidayat Ali and six others), under Sections 147, 323, 308, 504, 506 I.P.C., P.S.Asmoli, District Sambhal at Chandausi, from the Fast Track Court-III, Moradabad to a court of competent jurisdiction in District Court Sambhal at Chandausi.

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Learned A.G.A. did not oppose the transfer application.

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Vide order dated 25.2.2020 a report was called for from the Sessions Judge, Moradabad with regard to contents of the transfer application.

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As per report submitted by District Judge"If the cross case is pending in Chandausi, the aforesaid S.T. No.1283 of 2016, Crime No.249/2016, State vs. Hidayat Ali and six others, under Sections 147, 323, 308, 504, 506 IPC, P.S.Asmoli, District Sambhal may also be transferred from Moradabad to Chandausi."

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In order to avoid contradictory findings and keeping in view the convenience of the parties, it would be appropriate to transfer S.T. No.1283 of 2016, arising out of Crime No.249 of 2016 (State vs. Hidayat Ali and six others), under Sections 147, 323, 308, 504, 506 I.P.C., P.S.Asmoli, District Sambhal at Chandausi, from the Fast Track Court-III, Moradabad to a court of competent jurisdiction in District Court Sambhal at Chandausi.

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In view of the above, Transfer Application is allowed. S.T. No.1283 of 2016, arising out of Crime No.249 of 2016(State vs. Hidayat Ali and six others), under Sections 147, 323, 308, 504,

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506 I.P.C., P.S.Asmoli, District Sambhal at Chandausi is transferred from the Fast Track Court-III, Moradabad to a court of competent jurisdiction in District Court Sambhal at Chandausi.

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Office is directed to communicate this order to the District Judge, Moradabad and District Judge, Sambhal at Chandausi, through FAX or email to ensure compliance.

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Order Date :- 29.3.2022 mt

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Digitally signed by MITHILESH KUMAR Date: 2022.03.30 15:02:02 IST Reason: Location: High Court of Judicature at Allahabad

Hidayat Ali and 6 Others v. State of U.P. and 4 Others

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Hidayat Ali and 6 Others v. State of U.P. and 4 Others

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