Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 406 of 2010 Petitioner :- Ram Khilawan Yadav Respondent :- State Of U.P. & Another Petitioner Counsel :- Lalji Yadav,Rajesh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant Sri Rajesh Yadav and the learned
AGA for the State.
The criminal case No.913 of 2009 (State Vs Ram Khilawan ) arising out of
F.I.R. at case crime no.251 of 2008, under Section 323/504 IPC
P.S.Nazirabad Kanpur Nagar and criminal case no.914 of 2009(State Vs Ram
Khilawan) under Section 307 IPC , PS Kakadev Kanpur Nagar, which are
sought to be transferred from Kannauj to Kanpur Nagar, alleging that
although both the cases were initially instituted in Kanpur Nagar but pursuant
to the order of this Court dated 27.4.2009 passed in Criminal Misc.
Application No.27 of 2009, which was filed by opposite party No.2 before
this Court, the said five cases were transferred to Kannauj.
The transfer has been sought on the ground that the order dated 27.4.2009 was
passed by this Court without hearing the applicant.
The transfer application can not be allowed on the ground raised by the
petitioner.
In case the applicant is so advised , he may move an application for recall of
the order dated 27.4.2009 passed by this Court in Transfer Application No.27
of 2009, on the ground that the said order was passed without hearing the
applicant.
The transfer application is misconceived and is dismissed subject to the
aforesaid observation.
Order Date :- 27.7.2010
cps