Allowed

De. Surendra Katyal v. State of U.P. and Another

Allahabad HC16 Mar 2022TACR/79/2020

Case brief

AI extract

What is this about?

This court allowed a criminal transfer application filed by Dr. Surendra Katyal to shift his pending criminal appeals from Jhansi to Orai. The transfer was granted based on the applicant's apprehension of injustice due to potential influence of opposite party no. 2, who possessed political influence and a history of attempting to leak judgments before pronouncement.

What did the court decide?

Records of Criminal Appeal No. 1 of 2019 and Criminal Appeal No. 2 of 2019 to be transferred to District Judge, Orai, within two weeks.

De. Surendra Katyal Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 89

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 79 of 2020

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Applicant :- De. Surendra Katyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A.,Narendra Mohan

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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 opposite party no. 2.

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Perusal of record reveals that opposite party no. 2 was present on 06.09.2021.

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Applicants have moved this Transfer Application to transfer the Criminal Appeal No. 1 of 2019 (Dr. Surender Katyal v. State of U.P. and another) and Criminal Appeal No. 2 of 2019 (State v. Dr. Surender Katyal), pending in the court of Additional District & Sessions Judge-4, Jhansi to some other district.

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Submission of the learned counsel for the applicant is that the opposite party no. 2 is the mother of Sandeep Singh Yadav who is practicing advocate in District Jhansi and has influence in the District Court Jhansi and is member of political party also. In case No. 1575 of 2014, even prior to the delivery of judgment of aforesaid case, Sandeep Singh Yadav gave an application to the Editor of a local newspaper wherein it was stated that order will be passed by the trial court against the applicant. Report was published in the leading Hindi daily of the State namely "Amar Ujala". Matter was sub-judice, however, applicant was convicted in that case and order was passed against him. Applicant will not get justice at District Court, Jhansi.

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Per contra, learned A.G.A. did not opposed the transfer application.

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Leaking of judgment before pronouncement is a grave matter.

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In view of the facts and circumstances of the case, this Transfer Application deserves to be allowed.

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Accordingly, this Transfer Application is allowed .

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District Judge, Jhansi is directed to transfer the records of aforesaid cases of applicant to District Judge, Orai within two weeks, who shall assign the aforesaid case to competent court.

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Office to communicate this order to District Judge, Jhansi and District Judge, Orai for necessary compliance and information.

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Order Date :- 16.3.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.03.16 13:10:00 IST Reason: Location: High Court of Judicature at Allahabad

De. Surendra Katyal v. State of U.P. and Another

Case brief

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De. Surendra Katyal v. State of U.P. and Another

Case brief

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