STATE OF UTTAR PRADESH Vs. JAIL SUPERINTENDENT (ROPAR)

JUDGEMENT

(1.) This Writ Petition is filed under Article 32 of the Constitution of India, read with Section 406 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the State of Uttar Pradesh, seeking Writ of Mandamus, seeking appropriate directions, directing the respondent-State of Punjab and the Learned Judicial Magistrate-I, Mohali, State of Punjab, to transfer the criminal proceedings and trial in the Case Crime No.05 of 2019, titled as State of Punjab v. Mukhtar Ansari, pending before the Judicial Magistrate-I, Mohali, State of Punjab, to the Court of Special Judge (MP/MLA), Allahabad, Uttar Pradesh and with a further direction to the Respondent Nos.1 and 2 to handover the custody of the accused / 3rd Respondent from Roopnagar Jail, District Ropar, Punjab to District Jail Banda, Uttar Pradesh.

(2.) The case of the petitioner-State, as averred in the Writ Petition, is as follows:

(3.) Counter Affidavit is filed on behalf of the Superintendent of District Jail, Roopnagar, Punjab (1st Respondent) and the State of Punjab (2nd Respondent). While denying various allegations, made in the Writ Petition, the case of the Respondent Nos.1 and 2 is as under: