Court No. - 53 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 447 of 2010 Petitioner :- Kumari Parnika Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Manish Tiwary,Ashwini Kumar Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the opposite party No.2 and
the learned AGA for the State and perused the record.
It appears that the bail application No. 695 of 2010 (Mohd. Wasimul Hasan
Vs. State of U.P.) arising out of case crime No. 240 of 2009 under Sections
419, 420, 467, 468, 504, 506 and 384 IPC, Police Station Bhelupur, District
Varanasi, is pending in the court of Additional Sessions Judge, Court No.9,
Varanasi.
The applicant, who is the complainant, has moved this transfer application
only on the ground that the Sri Umesh Chandra Sharma, the Presiding Officer
of the court of Additional Sessions Judge, Court No.9, Varanasi belongs to
District Gorakhpur and the opposite party No. 2 i.e. the accused also belongs
to Gorakhpur. Therefore, the applicant has an apprehension that she will not
get the justice from the court of Mr. Umesh Chandra Sharma. The applicant
had also moved a transfer application before the Sessions Judge, Varanasi on
the same ground and the Sessions Judge, Varanasi had called for a comments
of the concerned Presiding Officer, who had categorically denied the
allegations made against him.
There does not appear to be any reason to hold that the aforesaid Presiding
Officer has any personal connection with the opposite party No.2. Therefore,
the allegations made in the transfer application have no substance.
In order to set at rest the controversy involved in the instant case, it seems to
be just and expedient to require the Sessions Judge, Varanasi to hear and
dispose of the bail application himself.
The Sessions Judge, Varanasi is therefore directed to recall the aforesaid bail
application to the file of his own court and dispose of the same in accordance
with law.
The transfer application stands disposed of accordingly.
Order Date :- 11.8.2010
Salim