JAI NANDAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) BY way of the present application filed under Section 482 Cr. P. C, the applicant seeks recalling of order dated 6. 7. 2009.

(2.) BRIEF facts of the case relevant for deciding the matter are as under:-

(3.) THE petitioner is the brother of deceased anju who died due to harassment and torture, by the accused husband and his relatives, for dowry demands, on 4. 2. 1999. An FIR was registered against the husband and eight other relatives. Charge sheet was filed after completion of investigation and CCM, Kanpur took cognizance of the offences against the accused persons. Respondent No. 3 was charged with offences under Section 467/ 471/120-B IPC. The petitioner filed transfer petition before the Hon'ble Supreme Court and matter was transferred to Sessions Court, new Delhi. Trial of accused/r-3 could not be held due to stay on the same directed by the allahabad High Court and therefore, trial of respondent no. 3 was segregated from other accused persons. Vide order dated 12. 2. 2003, out of other eight accused, seven were acquitted by the Ld. Addl. Sessions judge except Mr. Mohinder Modi, husband of the deceased. Aggrieved with the same, a revision petition was filed before this court and accused husband was acquitted by this court and aggrieved with it, an SLP was filed in the Hon'ble Supreme Court. In the meanwhile learned Addl. Sessions Judge framed charge against respondent No. 3 under section 465 IPC and fixed the case for prosecution evidence. The learned Sessions judge rejected the application made by the petitioner to seek transfer of the trial on the ground that S. 465 IPC being triable by magistrate of 1st Class as per I Schedule to cr. P. C. Aggrieved with the said order of Ld. ASJ present petition has been filed by the petitioner. Vide order dated 6. 7. 2009 this court passed an order directing the matter to be transferred to the court of Magistrate from sessions Court. Aggrieved with the said order present application is moved by respondent no. 3.