Disposed

Ram Pal Singh v. State of U.P. and Another

Allahabad HC12 Jan 2023A482/38516/2022

Case brief

AI extract

What is this about?

Court transferred pending session trial proceedings from MP/MLA Court, Firozabad to Special Judge at Agra. Transfer followed presiding officer's opinion on interests of justice and parties' consent. Case proceeds from the stage reached in Firozabad.

What did the court decide?

Session Trial No.41 of 2018 transferred from Additional Session Judge, Firozabad to Special Judge (MP/MLA Court) at Agra to proceed from the stage reached.

Ram Pal Singh Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 38516 of 2022

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Applicant :- Ram Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar,Swati Agrawal Srivastava

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connected with

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 464 of 2022

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Applicant :- Ram Pal Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar,Swati Agrawal Srivastava

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Brij Raj Singh, learned counsel for the petitioner, as well as Ms. Swati Agrawal Srivastava, learned counsel for opposite party no.2 and Sri Sanjay Kumar Singh, learned AGA and perused the record.

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The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 27.9.2022 and the entire proceedings of Session Trial No.41 of 2018 (State Vs. Ramvir), arising out of Case Crime No.393 of 2007, under Sections 147, 149, 302, 307 and 120-B IPC, Police Station Jasrana, District Firozabad, pending in the court of Additional Session Judge, Court No.9/Special Judge (MP.MLA Court), Firozabad.

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An application bearing No.464 of 2022 has been filed for transferring the aforesaid session trial to the jurisdiction of any other MP/MLA court of other district.

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Sri Sudhir Mehrotra, learned Special Counsel for the High Court has tendered the comments of the presiding officer, who is trying the said case at Firozabad.

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Learned presiding officer has expressed his opinion that since certain allegations have been made against him in paragraphs 17, 18 and 19 of the transfer application, in the interest of justice, it would be expedient to transfer the said case for trial to any other court of competent jurisdiction of other district.

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Learned counsel for the petitioner/applicant submits that the learned presiding officer has expressed his opinion in respect of the accused-respondent no.2 that there was no evidence against him regarding conspiracy without being him before the court as his case file was separated. He, therefore, submits that considering the comments of the presiding officer as well as the finding recorded by the learned presiding officer in favour of accused-respondent no.2, who was not tried in the earlier trial in respect of the other accused, it would be appropriate to transfer the present case to some other court of competent jurisdiction.

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Taking into consideration the aforesaid facts and the comments of the presiding officer of the said MP/MLA Court, Firozabad, and also with the consent of the parties, Session Trial No.41 of 2018 (State Vs. Ramvir), arising out of Case Crime No.393 of 2007, under Sections 147, 149, 302, 307 and 120-B IPC, Police Station Jasrana, District Firozabad, pending in the court of Additional Session Judge, Court No.9/Special Judge (MP/MLA Court), Firozabad is transferred to the Special Judge (MP/MLA Court) at Agra.

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The Special Judge (MP/MLA Court) at Agra will proceed with the case from the stage where the Special Judge (MP/MLA Court), Firozabad had reached in the trial proceedings. The complainant may file an application under Section 311 Cr.P.C. for summoning some more witnesses, if he so advised. If such an application is filed, learned Special Judge (MP/MLA Court) at Agra will decide the said application and, thereafter, will

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proceed with the trial in accordance with law.

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It is, however, made clear that observation of the learned Special Judge (MP/MLA Court), Firozabad in the earlier judgement in respect of the other co-accused that there was no evidence against present accused-respondent regarding conspiracy will not be taken into consideration while deciding the trial of the present accused-respondent or any other observation.

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With the aforesaid observation and direction, both the petition and transfer application stand disposed of.

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Order Date :- 12.1.2023 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Ram Pal Singh v. State of U.P. and Another

Case brief

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Ram Pal Singh v. State of U.P. and Another

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