Transfer application dismissed. Court held that effective pairvi was conducted by Naveen Tyagi as verified against a court report, rendering grounds for transfer invalid.
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Neutral Citation No. - 2023:AHC:227334
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 603 of 2023
Applicant :- Sunil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Subhash Chandra Yadav, learned counsel for the applicants and Shri Motilal, learned A.G.A for the State are present.
The present transfer application has been filed to transfer the Session Trial No. 955 of 2013 (State Vs. Mitthan and others) arising out of Case Crime No. 237 of 2013 under Sections 147, 148, 149, 302, 307, 454, 411 and 120-B of I.P.C pending in the court of Additional Sessions Judge, Court No. 6, Ghaziabad, to any other adjoining district.
Learned counsel for the applicants submits that the applicants are accused in the above noted case. It is further submitted that effective pairvi could not be done by the applicants due to nonavailability of the advocates.
In compliance of this Court's order dated 27.09.2023, office has submitted a report on the basis of comments from the court concerned, wherein it has been stated that Shri Naveen Tyagi, Advocate, Reg No. 5195/1999, Chamber No. 589, Mob No. xxxxxxx549, has filed vakalatnama and is doing pairvi on behalf of the applicants. The session trial is pending since 2013.
In view of the above facts and circumstances, the present transfer application has no merit and it deserves to be dismissed.
Accordingly, the present transfer application is dismissed.
Order Date :- 30.11.2023 Saurabh
Digitally signed by :- SAURABH High Court of Judicature at Allahabad
Sunil and 2 Others
Sanjay Kumar Pachori
Saurabh
As recorded by the court registry
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