Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 37 of 2010 Petitioner :- Rakesh Kumar Agnihotri Respondent :- State Of U.P. & Another Petitioner Counsel :- Anil Srivastava,Rajendra Asthana Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, Sri Manish Tiwari, learned counsel
who has put in appearance on behalf of opposite party no.2 and the learned
AGA for the State-respondent.
Learned AGA has contended that pursuant to the order dated 25.1.2010 he has
not received any instructions till date.
Learned counsel for the applicant states that the evidence in the matter was
taken by the Special Judge, (E.C. Act), Sri S.S. Yadav and the matter was
posted for arguments and in the mean time, the District Judge has transferred
the proceedings to the Court of Additional Sessions Judge, Court No.6,
Shahjahanpur in spite of the fact that the said Presiding Officer is still
functioning at District Shahjahanapur. Sri Manish Tiwari, learned counsel for
the opposite party no.2 states that as per the averments made in para-11 of the
transfer application, the order of the District Judge transferring the
proceedings of Sessions Trial No.594 of 1991, under Sections 364, 302, 201
IPC is an administrative order which cannot be challenged by way of moving
application under Section 407 Cr.P.C.
Perused the averments made in the application as well as the order dated
6.1.2010, the District Judge, Shahjahanpur sue moto transferred the Sessions
Trial No.594 of 1991 from the Court of Special Judge (E.C. Act),
Shahjahanpur to the Court of Additional Sessions Judge, Court No.6,
Shahjahanpur, and it appears that the said order was passed on administrative
side and there appears no legal infirmity in the said order, which may warrant
any interference by this Court under Section 407 Cr.P.C.
Accordingly, the transfer application lacks merit and is dismissed.
Order Date :- 1.2.2010
Hasnain