SURESH CHANDRA TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) This transfer application has been moved under Sec. 407 CrPC, for transfer of Session Trial No.897 of 2017 (State Vs. Vinod and others), Case Crime No.541 of 2016, under Ss. 307, 504 and 325 IPC, P.S. Ghoorpur, District Allahabad pending in the Court of Additional Sessions Judge/F.T.C. Court No.1 Allahabad, from that Court to any other competent Court of Allahabad Judgeship.

(3.) It has been argued by learned counsel for the applicant that applicant is complainant of the above stated case, which is pending in the Court of Additional Sessions Judge/F.T.C., Court No.1, Allahabad for trial. After statements of P.W.1 and P.W.2, complainant has moved an application under Sec. 319 Cr.P.C. for summoning of one Chandra Mani Pandey and Surendra Mani Pandey. In their statements both the witnesses have clearly stated that in the incident, said Chandra Mani Pandey and Surendra Mani Pandey have made exhortation but despite that the application of applicant under Sec. 319 Cr.P.C. was rejected by the trial Court vide order dtd. 8/9/2021. Learned counsel submitted that though the said order has already been challenged by the applicant/complainant but the said application of applicant was arbitrarily rejected by the trial Court without considering the evidence. Learned counsel submitted that applicant has no hope to get justice from the said Court of Additional Sessions Judge/F.T.C. Court No.1, Allahabad. Applicant has earlier moved an application for transfer of the said case before the Sessions Judge, Allahabad but that application has already been rejected vide order dtd. 13/1/2022. Learned counsel submitted that applicant has no hope to get justice from the said trial Court, hence, the said case be transferred to some other competent Court.