Court No. - 33
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 123 of 2020
Applicant :- Chandan Thakur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kirtikar Pande Counsel for Opposite Party :- G.A.,Ishwar Kumar Upadhyay
Hon'ble Alok Singh,J.
Heard Sri Kirtikar Pande, learned counsel for applicants, learned A.G.A. for the State-respondent as well as Sri Ishwar Kumar Upadhyay, learned counsel for opposite party no. 2 and perused the record.
This is an application under Section 407 of the Code of Criminal Procedure, seeking transfer of S.T. No. 292 of 2015 of Case Crime No. 535 of 2015, under Sections 147, 148, 149, 302 and 120B of IPC, P.S. Kotwali, District Ballia, pending in the Court of Learned Additional Sessions Judge, FTC-II, Ballia to another competent jurisdiction Court of Sessions Judge, Ballia.
Learned counsel for applicants submits that the complainant- Chandan Thakur (applicant herein) wants transfer of the case from Learned Additional Sessions Judge, FTC-II, Ballia to another competent Court/Sessions Judge, Ballia as he has no faith on the said court as the court concerned has wrongly summoned the hostile witnesses for favouring the accused persons.
Sri Ishwar Kumar Upadhyay, learned counsel for opposite party no. 2 has strongly opposed the contentions raised on behalf of applicant and submits that the complainant /applicant has made baseless allegations on the court concerned.
Considering the facts and circumstances of the case, this Court does not find any justifiable reason to accept the arguments raised on behalf of applicants. No other point has been argued.
The instant transfer application being bereft of merit is dismissed.
Order Date :- 10.7.2020 Ujjawal
(Alok Singh,J)
Neutral Citation No. - 2020:AHC:60410
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