Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 20 of 2010 Petitioner :- Satish Sharma Respondent :- State Of U.P. Petitioner Counsel :- Rajiv Joshi Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent. The present transfer application has been filed for transferring the
Sessions Trial No.1066 of 2005 State of U.P. Vs. Satish Sharma and another,
under Section 302/201 IPC in case crime no.6 of 2005, pending before the
Additional Sessions Judge, Court no.6, Allahabad to any other Court of
competent jurisdiction on the ground that the matter was heard and 18.3.2009
was fixed for delivery of judgment but on which date, the applicant was
summoned along with four witnesses under Sections 311 Cr.P.C. without
recording any reasons for the same. It is further contended that the Presiding
Officer is bent upon for summoning the witnesses even after recording the
statements under Section 313 Cr.P.C.
Learned counsel for the applicant could not point out any legal infirmity in the
order impugned which may warrant any interference by this Court in exercise
of power under Section 407 Cr.P.C., therefore, the present transfer application
lacks merit and it is dismissed.
Order Date :- 18.1.2010
Hasnain