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