JASVEER SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Mr. Shivanand Bhatt, Advocate, present for the applicant.

(2.) Mr. D.K. Sharma, Additional Advocate General, present for the State/respondent no.1.

(3.) The present applicant was convicted under Sections 392 and 411 of IPC by the Judicial Magistrate, Dhumakot District Pauri Garhwal vide judgment and order dated 22.11.2012. Aggrieved by the said order the applicant preferred an appeal before the learned District & Sessions Judge, Pauri Garhwal. Subsequently, the learned District & Sessions Judge, Pauri Garhwal transferred the case to the court of Additional District & Sessions Judge Kotdwar District Pauri Garhwal. Consequently, an application was moved by the applicant under Section 409 of Cr.P.C., before the District and Sessions Judge Pauri Garhwal for recalling the order, by which the case of the applicant was transferred from the court of Additional District & Sessions Judge Kotdwar District Pauri Garhwal to the court of District Judge, Pauri Garhwal. The said application of the applicant was rejected vide order dated 07.01.2016 on the ground that the applicant has made no efforts for hearing of the appeal since 2012 and moreover the ground of transfer does not inspire confidence.