Allowed

Ameer Faisal v. State of U.P. and Another

Allahabad HC5 Oct 2023TACR/421/2023

Case brief

AI extract

What is this about?

This transfer application was allowed. The order dated 05.06.2023 passed by Additional Sessions Judge, Bareilly (Court No.13) in Criminal Case No. 484 of 2023 was set aside. Sessions Trial No. 291 of 2022 was transferred to the competent court of Additional Sessions Judge, Bareilly.

What did the court decide?

Transfer application allowed; order dated 05.06.2023 set aside; Sessions Trial No. 291 of 2022 transferred to Additional Sessions Judge, Bareilly.

Ameer Faisal Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191585

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 421 of 2023

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Applicant :- Ameer Faisal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava,Rakesh Kumar Srivastava

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Sandeep Kumar Rai, Advocate holding brief of Sri Manoj Kumar Srivastava, learned counsel for the opposite party no.2 and Sri Karunakar 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 05.06.2023 passed by learned Sessions Judge, Bareilly in Criminal Case (Transfer Application) No. 484 of 2023 (Ameer Faisal vs. State of U.P. & another), which has been filed to transfer the Sessions Trial No. 291 of 2022 (State vs. Shamshad Hussain @ Dampi), arising out of Case Crime No. 460 of 2021, under Sections 302, 323, 504, 506 IPC, pending in the court of Additional Sessions Judge, Court No.13, Bareilly to any other competent court of Bareilly Judgeship.

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Learned counsel for the applicant submits that the applicant is first informant in the above noted case. It is further submitted that Ejaj, real brother of opposite party no.2 is a practicing advocate at Bareilly Judgeship. It is further submitted that the impugned order has been passed by Sessions Judge observing that the High Court in Criminal Misc. Bail Application No. 29367 of 2022 vide order dated 22.06.2023 passed direction to conclude the trial within a year. It is further submitted that no consideration has been recorded or decided by the Sessions Judge in the impugned order.

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It is further submitted that the applicant has filed an application under Section 319 Cr.P.C. to summon the other accused persons. This application has not been pressed by the applicant and the trial court decided it on 25.4.2023 by a detailed order on merit. It is further submitted that the applicant challenged the order dated 25.04.2023 in an application before this Court in Application U/s

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482 Cr.P.C., wherein notice has been issued. It is further submitted that due to passing the order dated 25.04.2023, the Presiding Office in influence of opposite party no.2, due to this reason this transfer application was filed. It is further submitted that the Sessions Judge neither considered the averments nor given any reason thereon, which is wholly illegal and not sustainable in the eye of law.

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Learned counsel for the opposite party no.2 and learned A.G.A. have vehemently opposed the prayer of the applicant.

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In view of the above facts and circumstances of the case, grounds for transfer of Sessions Trial No. 291 of 2022 are sufficient. The transfer application is liable to be allowed and the order dated 05.06.2023 is liable to be set aside.

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Accordingly, this transfer application is allowed and the order dated 05.06.2023 is set aside.

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The Sessions Trial No. 291 of 2022 (State vs. Shamshad Hussain @ Dampi) is transferred from the court of Additional Sessions Judge, Court No.13, Bareilly to the competent court of Additional Sessions Judge, Bareilly.

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Let a copy of this order be sent to the Sessions Judge, Bareilly for compliance.

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Order Date :- 5.10.2023 MAA/-

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Ameer Faisal v. State of U.P. and Another

Case brief

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Ameer Faisal v. State of U.P. and Another

Case brief

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