Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 603 of 2008 Petitioner :- Jitendra Dutt Sharma Respondent :- State Of U.P. & Another Petitioner Counsel :- Sourabh Pathak Respondent Counsel :- Govt. Advocate,J.P. Pandey Hon'ble Ravindra Singh,J.
Heard the learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that the present
case is having the concern with the misappropriation of money of the co-
operative societies. After investigation it’s charge sheet has been
submitted in the court of learned Additional Chief Judicial Magistrate-II,
Meerut who has taken cognizance, it is a case of District Ghaziabad but
according to the notification dated 22.9.2006, the learned II Additional
Chief Judicial Magistrate, of every district has been appointed to deal
with the matter of misappropriation in respect of co-operative societies.
Therefore, in pursuance of that notification the District Judge & Sessions
Judge, Ghaziabad has authorized Additional Chief Judicial Magistrate,
Court no. 8, Ghaziabad to deal with such matters. Therefore, this case
may be transferred to the court of Additional C.J.M. Court no. 8,
Ghaziabad or any other competent court having the jurisdiction of such
cases.
In reply of the above contention it is submitted by learned A.G.A. that in
the present case the charge sheet has been submitted in the court of
learned Additional Chief Judicial Magistrate-II, Meerut in pursuance of
earlier notification whereas by amending notification the jurisdiction has
been given to learned Additional Chief Judicial Magistrate-II of every
district therefore,the State is having no objection if the present case is
transferred to the competent Court of Ghaziabad.
Considering the submission made by learned counsel for the applicant
and learned A.G.A. and the notification dated 22.9.2006 Criminal Case
No. 20/8 State of U.P. Versus R.D. Sharma and others pending in the
court of II A.C.J.M., Meerut shall be transferred to the competent court of
Ghaziabad Judgeship, having the jurisdiction of such cases of
Cooperative Societies. The learned District & Sessions Judge Ghaziabad
shall pass appropriate order to assign the matter to the competent court,
who shall proceed further in accordance with law.
The office is directed to communicate a copy of this order to the court of
learned Additional Chief Judicial Magistrate-II, Meerut, District &
Sessions Judge, Meerut and Ghaziabad respectively within a week for the
compliance of the above mentioned order.
With this direction, the application is finally disposed of.
Order Date :- 5.1.2010
N.A.