Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 741 of 2009 Petitioner :- Dr. Babu Lal Arya Respondent :- State Of U.P. Petitioner Counsel :- Pradeep Kumar Rai,Kamal Krishna Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for applicant and learned A.G.A.
This application has been filed by the applicant Dr. Babu Lal Arya with a
prayer that the proceedings of case No. 2369 of 2007 arising out of case crime
No. 285 of 2007 under sections 420, 467, 468, 471, 120-B IPC, P.S. Medical,
District Meerut pending in the court of learned C.J.M. Meeurt may be
transferred to Agra judgeship because the proceedings of case crime No. 1255
of 2006 arising out of case crime No. 509 of 2006, P.S. New Agra are pending
in the court of learned C.J.M. Agra, in both the cases the issue involved is of
common in nature. Both the cases may be decided by the same court so that
the contradictory verdict may not be given.
In reply of the above contention it is submitted by learned A.G.A. that the
main FIR was lodged against the applicant in case crime no. 509 of 2006
under sections 420, 463, 464, 467, 468, 469, 470, 471, 201 IPC at P.S. New
Agra, District Agra in which the chargesheet has been submitted and learned
Magistrate concerned has taken the cognizance against the applicant. The
proceedings against the applicant in case no. 1255 of 2006 are pending in the
court of learned C.J.M. Agra, subsequently the FIR of this case has also been
registered. The issue involved in both the FIRs is of common in nature. There
is no objection from the side of the State if both the cases are tried together by
the same court.
Considering the submissions made by learned counsel for the applicant,
learned A.G.A. and from the perusal of the record it appears that FIR of this
case has been lodged in respect of revaluation of the copies of the university.
The main FIR has been lodged in case crime no. 509 of 2006 at P.S. New
Agra, District Agra in which chargesheet has been submitted and the learned
Magistrate has taken the cognizance. The proceedings of its case are pending
in criminal case no. 1255 of 2006 in the court of learned C.J.M. Agra. The
issue involved in the present case in which the chargesheet has been
submitted at Meerut is of common in nature. To avoid the different verdict on
the same issue, it is necessarily required that both the cases be tried by the
same court, therefore, it is directed that the record of case No. 4414 of 2007
under sections 420, 467, 468, 471, 120-B IPC, P.S. Medical, District Meerut
pending in the court of learned C.J.M. Meeurt shall be transferred to learned
C.J.M. Agra and this case shall be decided along with criminal case No. 1255
of 2006 by the same court.
With the above direction, this application is allowed.
Let a copy of this order be communicated to learned Sessions Judge, Meerut
and learned Sessions Judge, Agra within a week for the compliance.
Order Date :- 6.1.2010
RPD