SURYA BHAN Vs. STATE OF UTTARANCHAL & ANR.

JUDGEMENT

(1.) HEARD Sri Lokendra Dobhal, counsel for the applicant and A.G.A.

(2.) CRIMINAL Miscellaneous Application under Section 482 Cr. P.C. was moved with a prayer to direct the II Special Judicial Magistrate, Dehradun, Uttaranchal, not to proceed with case Crime No. R.C. 7(S)/97/SIC.IV/LKO, under Section 302 read with Section 34 IPC as the said Court has ceased to have jurisdiction in the subject-matter of the case after issuance of notification conferring jurisdiction of 18 Districts of Western Uttar Pradesh including District Ghaziabad to Special Court Ghaziabad of Judicial Magistrate, First Class Ghaziabad. A notification was issued by the U.P. Government on 28-12-2001 in regard to the 18 Districts and in pursuance thereof, the Allahabad High Court was pleased to issue notification dated 16-1-2002 in regard to the appointment of Special Court Ghaziabad of Judicial Magistrate, First Class Ghaziabad for the offence committed in the geographical areas mentioned in the said notification.

(3.) THERE were similar matters before Special Judge (CBI-anti- corruption) Dehradun and the transfer petitions were filed before the Supreme Court. The same were disposed of by order dated 8-5- 2002, copy of which has been furnished today by the learned counsel for the applicant. In view of the changed circumstances the case initiated by CBI against various persons were directed to be transferred to the Court of Special Judge (CBI-anti- corruption) having jurisdiction in the matter and similar steps also need to be taken in the instant case.