Allowed

Mohammad Rashid v. State of Up and Another

Allahabad HC4 Dec 2023TACR/417/2023

Case brief

AI extract

What is this about?

This transfer application, filed to set aside an order refusing to move a trial from Bulandshahar, was allowed. The High Court recognized that fact witnesses were not examined and witnesses to the investigating officers remained unexamined, validating the determination for a transfer to a competent court within the district.

What did the court decide?

The transfer application is allowed, and the Sessions Trial is transferred to a competent court of the same District.

Mohammad Rashid Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:229022

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 417 of 2023

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Applicant :- Mohammad Rashid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadrul Islam Jafri,Ambreen Masroor,Sr. Advocate

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Counsel for Opposite Party :- G.A.,Ankit Agarval

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Hon'ble Sanjay Kumar Pachori,J.

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Counter affidavit filed today by learned counsel for the opposite party no. 2, which is taken on record.

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Sri N.I. Jafri, learned Senior Counsel assisted by Sri Sadrul Islam Jafri, learned counsel for the applicant, Sri Ankit Agarwal, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar Singh, learned A.G.A. for the State are present.

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The present transfer application has been filed to set aside the order dated 8.5.2023 passed by Sessions Judge, Bulandshahar in Criminal Misc. Transfer Application No. 261 of 2023, by which the transfer application, which was filed to transfer the Session Trial No. 1070 of 2013, State Vs. Istkhar and others, under Sections 147, 149, 302, 307, 34, I.P.C., Police Station Kotwali Nagar, District Bulandshahr, pending in the court of Additional Sessions Judge, Court No. 3, Bulandshahar to any other competent court of same judgeship.

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Learned Senior Counsel for the applicant submits that the trial court has examined two Investigating Officers without examining any fact witnesses PW-1 and PW-4 in the above noted Sessions Trial. It is further submitted that no other Investigating Officer remains to be examined.

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It is further submitted that without examining the fact witnesses, no opportunity has been given to contradict the fact witnesses to the Investigating Officers and the impugned order has been passed without considering the facts and circumstances of the case.

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Learned counsel for the opposite party no. 2 does not refute the alleged facts.

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In view of the above, the present transfer application is allowed , and the Session Trial No. 1070 of 2013, State Vs. Istkhar and others, under Sections 147, 149, 302, 307, 34, I.P.C., pending in the court of Additional Sessions Judge, Court No. 3, Bulandshahar is transferred to the competent court of same District.

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Let a certified copy of this order be immediately sent to the Sessions Judge, Bulandshahr for necessary compliance and action.

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Order Date :- 4.12.2023 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Mohammad Rashid v. State of Up and Another

Case brief

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Mohammad Rashid v. State of Up and Another

Case brief

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