Allahabad High Court
Mohammad Azad Qadri vs State Of U.P. & 17 Others on 7 June, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 215 of 2016
Applicant :- Mohammad Azad Qadri
Opposite Party :- State Of U.P. & 17 Others
Counsel for Applicant :- Sharib Salaman Ahmad Ansa
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
This transfer application (criminal) under Section 407 I.P.C has been moved on behalf of the applicant on the ground specifically mentioned in para 22, 23 and all preceding Sections. It is submitted by learned counsel for the appellant that initially the case was fixed for judgment after hearing the parties on 24.07.2014, but the same was not delivered on 24.07.2014 and was adjourned for 26.07.2014 and fixed for judgement. Later on it was fixed for re-argument on some important point and fixed for 04.08.2014. Then the case was transferred to several courts and finally to the Court of learned F.T.C, Orai, District Jalaun presided over by Sri Shivdan Singh. Prior to that an application to summon the prosecutrix for further cross-examination was moved by the opposite party - accused, which was not pressed before the present court as a result of which the case was fixed for final argument on 20.05.2016. It is also stated in para 23 of the application that opposite parties no. 15 and 16 resides in district Bhopal and they are not appearing in the court for the last 7 - 8 months. It is also submitted that opposite party no. 16 is a Government Servant and he is a man of crores and other co accused persons are having strong political connection and they are specifically making rumours in the village that the matter has been settled and since the Judge is going to retire on 30.06.2016 as such the court is fixing dates day to day and want to decide the case by 30.06.2016. On the ground it was requested that case may be transferred to some other district.
Learned A.G.A oppose the prayer of transfer application.
Before going in to the merits of the allegation, it is pertinent to mention that power with the Sessions Judge to transfer the case under Section 408 of Cr.P.C is also vested and under that power Sessions Judge was competent enough to transfer the present petition to any other court in case it is expedient for the end of justice. The Sessions Judge is master of his judgeship and is always aware about the reputation and conduct of his/her officers, if any such complaint is moved before the Sessions Court then he is in better position to decide the matter himself/herself. Revisionist - applicant ought to have moved before the Sessions Court for transferring the case. So far the allegation in the petition is concerned, this Court refrain to express any opinion in regard to that because that will effect the proceedings before the Sessions Court.
In the context, following directions are issued:-
Revisionist - applicant can file a transfer application before the Sessions Court concerned and the Sessions Court after receiving the application will decide the matter within a week strictly in accordance with law.
In the circumstances, the concerned court will not deliver the judgement till 20th June, 2016. The revisionist is directed to present an application within three days, if he so wishes.
Copy of the order will be provided to the revisionist today itself on payment of usual charges.
Accordingly, the application is disposed of.
Order Date :- 07.06.2016
Vinod.
