A single judge of theAllahabad High Court dismissed a criminal transfer application filed for shifting a trial from Gorakhpur, holding it lacked merit.
Transfer application dismissed; interim order vacated.
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Neutral Citation No. - 2023:AHC:229763
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 200 of 2022
Applicant :- Manoj Kumar Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Pandey,Sr. Advocate Counsel for Opposite Party :- G.A.,Pankaj Kumar Yadav
Hon'ble Sanjay Kumar Pachori,J.
Sri I. K. Chaturvedi, learned Senior Advocate assisted by Sri Ravi Prakash Pandey, learned counsel for the applicants, Pankaj Kumar Yadav, learned counsel for opposite party no.2 and Sri Tej Bhan Singh, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Special Case No. (State vs. Manoj) arising out of Case Crime No. 301 of 2018, under Section 506, 120-B, 201 IPC and Section 3(2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act), pending in the court of Special Judge, S.C./S.T. Act, Gorakhpur to any other competent of adjoining District Judgeship.
Learned Senior Counsel appearing for the applicants submits that the applicants are accused in the above noted case. It is further submitted that the trial court has dismissed the discharge application on 27.07.2019 without applying the judicial mind. It is further submitted that on 14.11.2019 a Co-ordinate Bench of this Court in Criminal Appeal No. 5562 of 2019, which has been filed against the order dated 27.07.2019, passed an order that "no coercive action shall be taken against the appellant."
In spite of that the trial court directed to the applicants to appear on 25.11.2021 vide order dated 30.10.2021. On 25.11.2021, the trial court further directed the applicants to appear on 13.12.2021 without considering the order passed by a Co-ordinate Bench of this Court in Criminal Appeal.
It is further submitted that the applicants filed a Contempt Petition No. 6118 of 2021 after feeling aggrieved by the order dated 25.11.2021. The order passed by the trial court on 11.03.2022 is not a fair and impartial order and the applicants has no hope of fair
and impartial trial.
In view of above, this transfer application has no merit and deserves to be dismissed.
Accordingly, this transfer application is dismissed.
Interim order, if any, stands vacated.
Order Date :- 4.12.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Manoj Kumar Yadav
Another
Sanjay Kumar Pachori
Mohammad Azad Ansari
As recorded by the court registry
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