This judgment dismisses a transfer application filed by Gulveer, claiming it was not pressed by the applicant's counsel, thereby leaving it without consideration on merits.
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. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 183 of 2023
Applicant :- Gulveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay,Ayush Mishra,Sunil Kumar Misra
Counsel for Opposite Party :- G.A.,Gaurang Dwivedi,Imran Ullah,J.B. Singh
Hon'ble Samit Gopal,J.
"It is therefore, Most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present transfer application and quash the order dated 10.03.2023 passed by Session Judge Meerut in Transfer Application No. 250 of 2023 (Gulveer Vs. Akhilesh Goel) arising out of Case Crime No. 946 of 2022 under Section 420/447/467/468/471/120B I.P.C. P.S. Kankerkhera, District- Meerut and further be pleased to transfer the Bail Application No. 1644 of 2023 before any other competent court at District Meerut for just and fair decision of the case.
It is, further prayed that this Hon'ble court may graciously be pleased to stay the further proceeding of Case Crime No. 946/2022 under Section 420/447/467/468/471/120B I.P.C. P.S. Kankerkhera, DistrictMeerut pending in the court of 7th Additional District and Sessions Judge, Meerut.
Or
Pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case as well as in the interest of justice otherwise the applicant shall suffer irreparable loss and injury."
"Sri Imran Ullah and Sri Gaurang Dwivedi, Advocates have filed Vakalatnama and short counter affidavit on behalf of opposite party
no. 2, which are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Imran Ullah as well as Sri Gaurang Dwivedi, learned counsel for the opposite party no. 2.
Learned counsel for the applicant prays for and is granted two days time to file rejoinder affidavit.
Put up as fresh case on 27.03.2023."
"Case called out. Sri Sunil Kumar Misra, learned counsel for the applicant, Sri Imran Ullah, learned counsel for opposite parties and learned A.G.A. for the State are present.
Learned counsel for the appellant prays for and is granted three days' time to file rejoinder affidavit.
Fixed as fresh on 03.04.2023. Rejoinder be filed by date fixed.
It is clarified that no stay has been granted in the matter."
(Samit Gopal,J.)
Order Date :- 27.4.2023
{Naresh}
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether to allow the transfer application for quashing the impugned order and staying the proceedings of Case Crime No. 946/2022.
Gulveer
State of U.P.
Another
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
