Allahabad High Court
Ravi vs State Of U.P. And Another on 5 October, 2023
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
HIGH COURT OF JUDICATURE AT ALLAHABAD
Ravi ...Applicant
v/s
State of U.P. and Another ...Opposite Parties
JUDGMENT
HON'BLE SANJAY KUMAR PACHORI, J.
1. Ms. Mayuri Mehrotra, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.
2. The present transfer application has been filed to set aside the order dated 13.03.2023 passed by Sessions Judge, Bijnor, in Transfer Application No. 74 of 2023, which has been filed to transfer the Session Trial No.27 of 2020 arising out of Case Crime No. 248 of 2019, under Section 302/34, 120B IPC, pending in the court of Additional Sessions Judge, Nagina (outlying court of District Bijnor) to the competent court of Bijnor Judgeship.
3. Learned counsel for the applicant submits that the impugned order has been passed without appreciating the facts of the case. The applicant is accused in the above noted case. It is further stated that Sri Shyam Singh, who is a practicing lawyer has been examined as P.W.-3 in the present case and he is real brother of the deceased and real cousin of the another deceased and mount pressure and due to this reason the applicant is unable to engage local counsel at outlying court, Nagina.
4. It is further submitted that the counsel for the applicant Mr. Sanjay Sharma, who is practicing at Bijnor Judgeship is unable to attend the outlying court, Nagina. It is further submitted that there is always a threat to the life of the applicant, if he attends the outlying court, Nagina, district Bijnor.
5. It is further submitted that the examination-in-chief of three prosecution witnesses was recorded one after another without giving an opportunity to cross-examination, which is against the provision of Section 138 of the Indian Evidence Act.
6. It is further submitted that on 22.04.2022, an opportunity was given to cross-examination of P.W.-1 Bhim Singh. Cross-examination of P.W-1 Bhim Singh was recorded after about one year and three months. Cross-examination of P.W.-3 Shyam Singh was recorded after about one and half years of recording of his examination-in-chief. It is further submitted that till the date of filing of this transfer application cross-examination of P.W.-2 has not been recorded.
7. It is further submitted that due to double murder of relatives of the practicing lawyer there is hardship to attend the Court and get assistance of a lawyer. It is further submitted that the impugned order dated 13.03.2023 has been passed and the transfer application was rejected solely on the ground that outlying court, Nagina is not far from Bijnor Judgeship. It is further submitted that framing of charges against the co-accused persons is pending till today. The trial court on 13.09.2022 allowed an application under Section Section 319 Cr.P.C. and two other accused persons Ranjeet and Rajnish have been summoned by the trial court and the case is pending for appearance of Ranjeet and Rajnish.
8. Learned A.G.A. has vehemently opposed the prayer of this transfer application.
9. In view of the facts and circumstances of the case and without considering the merit of the case, present transfer application is liable to be allowed and the order dated 13.03.2023 is liable to be set aside. Accordingly, this transfer application is allowed and the order dated 13.03.2023 is set aside.
10. The Sessions Trial No.27 of 2020 arising out of Case Crime No. 248 of 2019, under Section 302/34, 120B IPC, pending in the court of Additional Sessions Judge, Nagina (outlying court of District Bijnor) is transferred from the court of Additional Sessions Judge, Nagina to the competent court of Bijnor Judgeship.
11. Let a certified copy of this order be sent to the learned Sessions Judge, Bijnor for compliance.
(Sanjay Kumar Pachori, J.)
Dated: 05.10.2023
MAA
