Praveen Kumar Srivastav vs State Of U.P. Thru. Secy. Home. Lko ...
2021 Latest Caselaw 3082 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- U/S 482/378/407 No. - 1007 of 2021
 
Applicant :- Praveen Kumar Srivastav
 
Opposite Party :- State Of U.P. Thru. Secy. Home. Lko & Another
 
Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present petition under Section 482 Cr.P.C. has been filed for quashing of the order dated 10.02.2021 passed by Sessions Judge, Sultanpur whereby learned Sessions Judge has rejected the application of the petitioner accused for transferring the case, Sessions Trial No.231 of 2012 from the Court of Additional Sessions Judge-I, Sultanpur to any other Court.

2. In respect of the Sessions Trial No.231 of 2021 for the offences under Sections 323, 376, 511 IPC, Police Station Jaisinghpur, District Sultanpur, learned Addl. Sessions Judge/F.T.C.-I had heard the matter completely and reserved the judgment to be pronounced on 02.03.2021. During this period, learned presiding officer of the court of Addl Sessions Judge/F.T.C.-I has been given the jurisdiction of Addl. Sessions Judge/F.T.C.-II.

3. In view of the aforesaid fact that only judgment is to be pronounced and the trial has already got completed, the Sessions Court has rejected the application for transferring the case from Addl Sessions Judge/F.T.C.-II to any other Court.

4. Once the judgment has been reserved, it is only formality for pronouncing the judgment for which learned presiding officer of the court of Addl Sessions Judge/F.T.C.-I had heard the matter and reserved the judgment and fixed the date for its pronouncement and before the judgment could be pronounced his jurisdiction got changed, I do not find any error in the order passed by the learned Sessions Court rejecting the application of the accused for transferring the case at this stage. Prima facie, it appears that the accused-petitioner is not interested in early conclusion of the trial. He wants to prolong the proceedings on one pretext or the other.

5. This petition has been filed without any substance, therefore, same is hereby dismissed.

Order Date :- 1.3.2021/prateek