Court dismissed an application to quash a prior order transferring a criminal revision. The applicant raised apprehension of bias, but the court found the matter deserving of dismissal due to its delay.
The transfer application was dismissed along with the prayer to quash the impugned order.
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Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 55 of 2023
Applicant :- Himanshu Kulshrestra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Learned counsel for the applicant submits that due to inadvertence, "to quash the order dated 16.12.2022 passed by Sessions Judge, Firozabad" has not been mentioned in the prayer clause.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause.
Sri Piyush Dubey, learned counsel for the applicant, Sri Sunil Kumar Misra, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar Singh, learned A.G.A. for the State are present.
The present transfer application has been filed to set-aside the order dated 16.12.2022 passed by Sessions Judge Firozabad in Transfer Application No. 1652 of 2022, which was filed to transfer the Criminal Revision No. 38 of 2021 (Ashok Ved and others Vs. State of U.P. and another) arising out of Case Crime No. 530 of 2013, under Section 420, 467, 468, 471, 506 of I.P.C., pending in the Court of Additional Sessions Judge POCSO Act, Court No. 3, Firozabad to any other court of Judgeship Firozabad.
Learned counsel for the appellant submits that the applicant has apprehension against the trial court that he will not get justice from the court. It is further submitted that the applicant is a first informant of F.I.R. of Case Crime No. 530 of 2013, under Sections 420, 467, 468, 471, 506 of I.P.C. in which final report has been submitted, thereafter, applicant filed a protest petition in which accused persons/ opposite party no. 2 was summoned by Chief Judicial Magistrate, Firozabad vide order dated 19.03.2023. Against the summoning order dated 19.03.2021, the opposite party no. 2 filed a Criminal Revision, which is pending in the Court of Additional Sessions Judge POCSO Act, Court No. 3. It is further submitted that on 12.10.2022, counsel for the opposite party no. 2 had gone to the Chamber of the revisional court and stated that they will get favourable order.
Learned counsel for the opposite party no. 2 vehemently opposed the prayer and submits that the matter is pending since 19.9.2013.
In view of the above facts and circumstances, the present application deserves no merit and the same is dismissed .
Order Date :- 26.7.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the present transfer application deserves merit.
Whether the applicant has apprehension of denial of justice from the trial court.
Whether the matter, pending since 19.9.2013, requires intervention via the High Court.
Himanshu Kulshrestra
Himanshu Kulshrestra
Sanjay Kumar Pachori
Ishan
As recorded by the court registry
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