This transfer application seeking to move a pending session trial to another court in the same district was dismissed. The court held that the objection regarding a change of presiding officer does not grant merit to the application.
The instant application is dismissed. A certified copy of the order sent to the trial court.
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Neutral Citation No. - 2023:AHC:183116
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 150 of 2023
Applicant :- Ankit @ Pushkal Sirohi Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- G.A.,Satyendra Narayan Singh
Hon'ble Sanjay Kumar Pachori,J.
Rejoinder affidavit filed today by learned counsel for the applicant is taken on record.
Shri Shitesh Kumar, Advocate holding brief of Shri Hemendra Pratap Singh, learned counsel for the applicant, Shri Satyendra Narayan Singh, learned counsel for the opposite party No. 2 and Shri Tej Bhan Singh, learned A.G.A. for the State are present.
Present Transfer Application has been filed to transfer the Session Trial No. 360 of 2018, State Vs. Ankit @ Pushkal Sirohi, arising out of Case Crime No. 57 of 2018, under Sections 302, 201, IPC, Police Station B.B. Nagar, District Bulandshahar, pending in the court of Additional Sessions Judge, Fast Track Court No. 1 to any other court of same District Judgeship after setting aside the order dated 17.2.2023.
Learned counsel for the applicant submits that the impugned order has been passed without assigning any reason.
Learned counsel for the opposite party No. 2 submits that the present Session Trial is pending before the Additional Sessions Judge, Court No. 5, Bulandshahar headed by another Presiding Officer. Objection arises against another Presiding Officer.
In view of the above facts and circumstances, the Transfer Application has no merit and deserves to be dismissed.
The instant application is dismissed accordingly.
Let a certified copy of the order be immediately sent to the learned trial court.
Order Date :- 21.9.2023/T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
Ankit @ Pushkal Sirohi
State Of U.P.
Sanjay Kumar Pachori
Tripti Sinha
As recorded by the court registry
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