PRINCE TYAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Brief facts of the case, as stated in the present criminal miscellaneous application, are that the applicant herein is facing trial in Special Sessions Trial No. 74/2016, State v. Prince Tyagi , under Sections 147, 148, 149, 302, 307, 323, 504, 506 IPC and 3(1)10 of the SC/ST Act pending the Special Judge (POCSO), Roorkee, District Haridwar. Applicant moved an application before the Sessions Judge/Special Judge, SC/ST Act, Haridwar for transfer of the said Special Sessions Trial from the Court of Special Judge (POCSO), Roorkee to the Court of Special Judge (POCSO), Haridwar. The said transfer application was rejected by the impugned order dated 18.11.2019. Being aggrieved, the applicant has moved the present criminal miscellaneous application under Section 482 CrPC.

(2.) The grounds taken by the applicant for the transfer of the aforesaid Special Sessions Trial No. 74/2016 are that his case was being tried earlier in the Court of Special Judge (POCSO); trial in cross-cases being Session Trial No. 55/2017 and Sessions Trial No. 57/2017 is going on before the Court of Sessions Judge, Haridwar and the Counsel engaged by the applicant at Haridwar is well aware of the case but he cannot go to Court at Roorkee.

(3.) Having heard learned Counsel for the applicant and the learned State Counsel, I find no substance in the present C482 application. After creation of the Special Court at Roorkee, the case of the applicant was transferred there as the said Court has the jurisdiction over the matter. Further, cross-cases are being tried in the Sessions Court, Haridwar where the trial of the applicant cannot be transferred. Lastly, it cannot be a ground that the since the Advocate engaged by the applicant at Haridwar cannot go to Roorkee, therefore, the case of the applicant should be transferred back to Haridwar.