Akshay Pratap Singh @ Gopalji vs State Of U.P Thru. Prin. Secy. Home
2022 Latest Caselaw 6476 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 26 of 2022
 

 
Applicant :- Akshay Pratap Singh @ Gopalji
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home
 
Counsel for Applicant :- Abhiuday Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Abhiuday Pratap Singh, learned counsel for the applicant and Sri Rao Naredrna Singh, learned AGA.

2. This application under Section 407 Cr.P.C. has been filed seeking transfer of the proceedings of Criminal Appeal No.21 of 2022 filed by the applicant against the judgement and order dated 23.3.2022 passed in Criminal Case No.137 of 2022, arising out of Case Crime No.1548 of 1997, under Section 420, 468 and 471 IPC, Police Station Kotwali, District Pratapgarh, pending in the court of District and Sessions Judge, Pratapgarh to another judgeship or alternatively to the Court of Special Additional Sessions Judge, MPs/MLAs, Pratapgarh.

3. This Court issued notification dated 16.8.2019 in compliance of the judgment and order passed by the Supreme Court in the case of Ashwini Kumar Upadhyay Vs. Union of India and others, dated 4.12.2018 and designated the Special Courts for trying the cases of MPs and MLAs in the State. The District and Sessions Judge, Pratapgarh is not the designated Court to try the cases against or on behalf of the MPs and MLAs.

4. The present applicant, who has been convicted vide judgement and order dated 23.3.2022 for offences under Sections 420, 468 and 471 IPC, instituted the aforesaid appeal. The aforesaid appeal ought to have been transferred to the court of Additional Sessions Judge, MPs/MLAs, Pratapgarh. However, for reasons best known to the District and Sessions Judge, Pratapgarh, he has decided to hear and decide the appeal himself.

5. The applicant is sitting Member of Legislative Council and is an ex-Member of Parliament. In view thereof, the appeal instituted by him should be decided by the designated MPs/MLAs Court.

6. Considering the aforesaid facts, Criminal Appeal No.21 of 2022 filed by the applicant is directed to be transferred to the court of Additional Sessions Judge, which has been designated for trying the cases of MPs/MLAs in District Pratapgarh.

7. So far the order passed by the learned Sessions Judge, Pratapgarh dated 22.4.2022 regarding cancellation of the bail to the applicant is concerned, the same shall be kept in abeyance. However, applicant is directed to file a personal bond and two sureties before the Additional Sessions Judge, MPs/MLA Court, Pratapgarh once the paper book of the aforesaid appeal is received in the said court

8. Subject to above observation and directions, the application stands allowed.

Order Date :- 11.7.2022

Rao/-