Vijendra Pal Singh v. State of Up Others

Neutral Citation No. - 2024:AHC:149516

Court No. - 86

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 35 of 2024

Applicant :- Vijendra Pal Singh Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.,Hitesh Pachori,Virendra Singh Patel

Hon'ble Nalin Kumar Srivastava,J.

• 1 . Counter affidavit filed today is taken on record.

• 2 . Heard learned counsel for the applicant, learned counsel for the opposite party nos.2 to 4 and learned AGA for the State.

3 . This transfer application under section 407 Cr.P.C. has been moved by the applicant (complainant) with a prayer to transfer the Session Trial No.374 of 1991 (State Vs. Ashok Dixit and others) arising out of case crime no.1273 of 1989 under sections 302, 307, 120-B IPC, Police Station Uttar Firozabad, District Firozabad pending in the Court of Additional District & Sessions Judge, Court No.12, Agra to District Firozabad having competent jurisdiction.

4 . In the instant transfer application, the main ground has been taken to the effect that on 5.2.1989 District

Firozabad was established and after 18.2.1990 all the criminal and civil cases pertaining to District Firozabad were transferred for trial to Firozabad from District Agra, but the record of the Session Trial could not be transferred whereas in the present case, F.I.R. was lodged at Police Station Firozabad North. It is further submitted that the Government advocates working in the trial court themselves made a request to the Court to transfer this case to District Firozabad as the case diary was not available on the record of this case. It is also submitted that as per the report obtained from District Judge, Agra, only the cases wherein the trial was not started yet, were to be transferred from Agra to District Firozabad. Since in the case in hand, the trial was not started when District Firozabad was formed the record of the present case ought to be transferred from District Agra to District Firozabad but the same was never acted upon. The Court at District Agra is having no jurisdiction to entertain the case in hand. Hence, on these grounds, a prayer has been made to transfer the aforesaid session trial from District Agra to District Firozabad.