Ms. Arifa Bano vs State Of U.P. & Another
2013 Latest Caselaw 6307 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 427 of 2013
 

 
Applicant :- Ms. Arifa Bano
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sanjeev Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State respondent.

The present 482, Cr.P.C. application has been filed for quashing the order dated 29.8.2013 passed by Sessions Judge, Etah in criminal transfer application no. 74 of 2013 under section 138 Negotiable Instruments Act.

It is contended by the learned counsel for the applicant that the opposite party no.2 moved transfer application, copy of which has been filed as annexure-3 to the affidavit, and perusal of which go to show that without making the applicant party, same was moved, which was allowed within a week without hearing the applicant.

After hearing the learned counsel for the parties and after perusing the materials on record, this Court is of the opinion that the contention raised by the learned counsel for the applicant has force.  Accordingly, the order dated 29.8.2013 is hereby set aside and the matter is remitted to the Sessions Judge, Etah for reconsidering the same, after hearing the applicant, expeditiously, in accordance with law, preferably within a period of one month from the date of production of certified copy of this order before him.

With the above direction, this application is disposed of.

Order Date :- 4.10.2013

Ashish