In Transfer Application (Criminal) No. 36 of 2023, the Court dismissed the application of Rajendra Prasad seeking to set aside an order and transfer a trial, noting that the applicant had already been acquitted in the said trial.
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. - 36 of 2023
Applicant :- Rajendra Prasad Opposite Party :- State Of U.P. And 12 Others Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A.,Dewesh Kumar Tiwari
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Mr. Devottam Pandey, learned counsel for the applicant and the learned A.G.A. for the State.
The instant transfer application has been filed with a prayer to set aside the impugned order dated 5.1.2023 passed by the learned Sessions Judge, Ballia, in Transfer Application No. 375 of 2022 (Rajendra Prasad Vs. State of U.P. and others), in Sessions Trial No. 204 of 2017 (State Vs. Pintu Singh and others), under Sections 147, 148, 302, 452, 323, 383, 427, 352 IPC, Police Station Dubhar, District Ballia and to transfer the said session trial from the court of learned Additional Sessions Judge-I, Ballia to another learned Additional Sessions Court, Ballia.
Mr. Devottam Pandey, learned counsel for the applicant submitted that the applicant had earlier filed an application u/S No. 38384 of 2022 seeking quashment of the impugnd order daed 9.11.2022 passed by the Sessios Judge, Ballia, in Transfer Application No. 309 of 2022 (Abhinav Pratap Singh Vs. State of U.P. and others), in Sessions Trial No. 204 of 2017, State Vs. Pintu Singh and others, under Sections 147, 148, 302, 452, 323, 383, 427, 352 IPC, which was dismissed being non-maintainable vide order dated 3.12.2022 passed by this Court.
Learned counsel for the applicant further submitted that the trial of the applicant has already been concluded and the applicant has been acquitted, hence there is no need to transfer the said case and he does not intend to pursue the transfer application.
Resultantly, the transfer application is dismissed.
Order Date :- 12.4.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
Rajendra Prasad
State Of U.P.
Mohd. Azhar Husain Idrisi
Mohd. Tarik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
