Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 338 of 2010 Petitioner :- Yogendra Kurmi Respondent :- State Of U.P. & Another Petitioner Counsel :- Siddharth Shukla Respondent Counsel :- Govt. Advocate,R.B. Yadav Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State and
perused the material brought on record.
The transfer application has been moved on behalf of the applicant with a
prayer to allow this application and transfer the Session Trial No.289 of 2007
(State Vs. Rajendra Kurmi & ors) under Sections 302, 307 IPC.,P.S.
Peepiganj, Gorkhpur pending in the Court of Special Judge, (E.C.Act) be
transferred to the court of Additional District Judge-II, Gorakhpur.
Learned counsel for the opposite party No. 2 has no objection to the prayer
made by learned counsel for the applicant.
For the aforesaid reasons, considering the facts and circumstances of the case,
and without expressing any opinion on the merits of the case and the grounds
raised, the transfer application is allowed. The Session Trial No.289 of 2007
(State Vs. Rajendra Kurmi & ors) under Sections 302, 307 IPC.,P.S.
Peepiganj, Gorkhpur pending in the Court of Special Judge, (E.C.Act) is
transferred to the Court of Additional District Judge-II, Gorakhpur. It is
further directed that the record of the Session Trial No.289 of 2007 (State Vs.
Rajendra Kurmi & ors) shall be transmitted from the Court of Special Judge,
(E.C.Act) to the court of Additional District Judge-II, Gorakhpur. within one
month from the date of production of certified copy of this order.
The Court hopes and trusts that the Trial Court shall conclude the proceedings
as expeditiously, as possible, within a period of one year.
Order Date :- 27.7.2010
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