Dharam Singh v. State of U.P. and 2 Others
Case brief
What is this about?
The High Court rejected a transfer application under Section 407 Cr.P.C. holding that the Sessions Judge was correct in refusing transfer pending a decision on the 'cross case' issue, finding no infirmity in the lower court order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:111249
Court No. - 86
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 400 of 2024
Applicant :- Dharam Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- This is an application filed under Section 407 Cr.P.C. seeking transfer of Complaint Case No. 9026 of 2023, pending in the Court of Additional Chief Judicial Magistrate-I, Gautam Budh Nagar to the Court of Additional District and Sessions Judge-V, Gautam Budh Nagar.
- Heard learned counsel for the applicant and the learned AGA.
- The present transfer application has been moved on the sole ground that cross case of Session Trial No. 670 of 2019, wherein the present applicant is accused, is pending in the Court of Additional District & Sessions Judge-V, Gautam Budh Nagar whereas the present complaint case is pending before A.C.J.M.-I, Gautam Budh Nagar and on the ground of being cross cases it is prayed that the complaint case be also transferred to the Court of Additional Sessions Judge-V, Gautam Budh Nagar. It is also submitted that the transfer application moved before the Sessions Judge, Gautam Budh Nagar has been wrongly dismissed vide order dated 10.5.2024.
Issues for consideration
1 issue framed by the court
Whether a transfer application filed under Section 407 Cr.P.C. regarding cross cases, dismissed by the Sessions Judge as not maintainable because the issue had not been decided by a competent court, i
Parties & counsel
- applicant
Dharam Singh
- respondent
State Of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- TACR/400/2024
Similar cases
Judgements on the same questions, provisions and authorities, from every court