The High Court heard a transfer application claiming the underlying session trial became infructuous due to a prior transfer. It accepted the submission and dismissed the application as infructuous.
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. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 175 of 2023
Applicant :- Yatendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.,Akhilesh Srivastava,Saksham Srivastava
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. None responded for the opposite party no. 2.
The present transfer application has been filed with prayer to transfer Session Trial No. 769 of 2015 (State Vs. Meghraj alias Member and others) arising out of Case Crime No. 109 of 2015, under Sections 307, 302 I.P.C., Police Station Harduaganj, District Aligarh, pending in the court of Additional Session Judge, Court No. 15, Aligarh to any other court of equal jurisdiction in the same judgeship of Aligarh.
Learned counsel for the applicant submitted that Session Trial No. 769 of 2015 (State Vs. Meghraj alias Member and others) arising out of Case Crime No. 109 of 2015, under Sections 307, 302 I.P.C., Police Station Harduaganj, District Aligarh, which is prayed to be transferred, has been transferred to another Additional Session Judge of the same Judgeship, therefore, this transfer application has become infructuous and it may be dismissed as infructuous for which learned A.G.A. has no objection.
In view of the above, this transfer application is dismissed .
Order Date :- 12.4.2023 Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
Yatendra Singh
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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