Balram Tiwari @ Shiv Kumar Tiwari vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 549 of 2026

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Balram Tiwari @ Shiv Kumar Tiwari

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Deptt. Home And Another .....Opposite Party(s) Counsel for Applicant(s) : Dharm Raj Mishra Counsel for Opposite Party(s) : G.A.

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard learned counsel for the applicant, Sri Anil Tiwari, learned counsel for the complainant and Sri Vivek Gupta, learned A.G.A. for the State.

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The present application is filed with the prayer to pass the appropriate order or direction in appropriate nature thereby set aside the orders dated 7.1.2026 passed by the learned Additional District Judge/Special Judge (P.C. Act), Gorakhpur.

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Learned counsel for the applicant submits that applicant was falsely implicated in the present case and charge sheet was submitted by the Investigating Officer for the offence under Sections 409, 419, 420, 467, 468, 471 and 120-B I.P.C. read with Section 8/13 of Prevention of Corruption Act. He further submits that in the charge sheet offence of Prevention of Corruption Act was alleged, thereafter, it was submitted before the Special Judge (P.C. Act), Court No.5, Gorakhpur, trial was proceeded and applicant was continuously cooperated and after prosecution evidences, case was listed for recording the statement of accused under Section 313 Cr.P.C. He also submits that with the consent of the State Government, notification dated 6.1.2026 was issued by the High Court and Special Court, Prevention of Corruption Act was created in Gonda, thereafter, posting order of Presiding Officer, Smt. Nitya Pandey, Special Judge

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A482 No. 549 of 2026

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2

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was issued by way of aforesaid order.

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Learned counsel for the applicant further submits that on 5.1.2026, exemption application was filed, which was allowed with the cost of Rs.1000/- and matter was posted on 7.1.2026. On 7.1.2026, accused persons including applicant were present and the learned trial court observed in the order that amount as ordered on 5.1.2026 was already deposited, all the accused persons made signature in the order sheet and the matter was posted on 13.1.2026 for recording the statement under Section 313 Cr.P.C., and On the same day, an application was also filed by the applicants with the request that Special Court, Prevention of Corruption Act has already been created in the District - Gonda and Presiding Officer has also been appointed, therefore, trial of the case in question be transferred to Special Judge, (P.C. Act), Gonda but the trial court rejected the application of the applicant on a separate sheet by issuing N.B.W. to the accusedapplicants.

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Learned counsel for the applicant further submits that once all the accused persons appeared before the court below and made signature on the order sheet and the case was deferred, therefore, there is no occasion to issue N.B.W., therefore, the order dated 7.1.2026 passed on the application for transfer of the case from the court of Special Court (P.C. Act), Gorakhpur to Gonda is liable to be set aside and the District & Sessions Judge, Gorakhpur may also direct to transfer the paper book of the case in question to the Court of Special Judge (P.C. Act), Gonda.

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Learned A.G.A. informs on the basis of instructions taken from the Registrar General of High Court that once the court is created and Presiding Officer is appointed at Gonda, then all the matters related to the P.C. Act are to be transferred to the said court.

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Learned counsel for the complainant also requested that he has no objection, in case order dated 7.1.2026 passed on the application for transfer is set aside but the trial court may be directed to expedite the trial of the case in question.

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A482 No. 549 of 2026

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3

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Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, including order dated 7.1.2026 passed on the application for transfer of the case as well as order dated 7.1.2026 endorsed on the order sheet, it is evident that matter was listed on 7.1.2026 for recording statement under Section 313 Cr.P.C. and all the accused persons were present and made signatures on the order sheet, which was also observed by the learned trial court. At the same time, an application was filed for transferring of the case as Special Court, P.C. Act was also created at Gonda and the Presiding Officer is also appointed but the said application was rejected and the learned court below ordered for issuance of N.B.W. against all the accused persons, which clearly reveals non application of mind, therefore, order dated 7.1.2026 for issuance of N.B.W. is liable to be set aside.

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In view of the discussions made hereinabove, the present application is allowed and the order dated 7.1.2026 passed by the learned Additional District Judge/Special Judge (P.C. Act), Gorakhpur is hereby set aside.

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The District & Sessions Judge, Gorakhpur is directed to transfer the record of Special Sessions Trial No.1723 of 2021 (State Vs. Usha Devi) to Special Judge, P.C. Act, Gonda.

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It is also expected that trial of the case in question be concluded by the Special Judge, P.C. Act, Gonda without giving any unnecessary adjournment to either of the parties.

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(Rajeev Singh,J.)

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February 5, 2026

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GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Balram Tiwari @ Shiv Kumar Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home and Another

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Balram Tiwari @ Shiv Kumar Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home and Another

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