Court No. - 40 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 344 of 2010 Petitioner :- Narendra Singh & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Kumar Ashutosh Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and learned AGA in opposition.
This is a transfer application. The reason for transfer of the case is that the
applicants had appointed two counsels, namely, Prem Prakash Saxena and
Vinod Saxena for pairvi of their case but they withdrew their Vakalatnama
from the case because of the pressure of opposite party no.2 Ompal Singh,
Advocate and no other counsel is ready to defend them.
Looking to the above facts, I am of the view that fair trial is not possible in
that circumstances. Learned counsel for the Applicant is directed to serve
respondent No. 2 through RPAD within a week from today. Respondent No. 2
is allowed two weeks time time to file counter affidavit. Learned AGA is also
allowed the intervening time to file counter affidavit.
List this case in the second week of August 2010 before the appropriate
Bench.
Till the next date of listing, further proceeding of Criminal Case No.2652 of
2009, Ompal Singh Vs. Narendra Singh and others, under Sections 147, 149,
323, 504, 506 IPC, P.S. Kotwali, District Farukhabad, pending in the court of
Judicial Magistrate Haveli, Ditrict Farrukhabad shall remain stayed.
Order Date :- 30.6.2010
RK