MOHD MEHNDI ANSARI Vs. MOHD.RASHID

JUDGEMENT

(1.) THIS is an applica­tion in Criminal Revision No. 1145 of 1981 praying that the appeal filed by the opposite party against the judgment of Nagar Magis­trate 1st Class, Aligarh dated August 30, 1981, be transferred to this court and be heard along with the Criminal Revision filed by the applicant for the enhancement of the sentence awarded to the opposite party.

(2.) THE opposite party was convicted by the Nagar Magistrate 1st Class, Aligarh by his judgment dated May 30, 1981, under Section 468 I.P.C. and sentenced to impri­sonment till rising of the court and a fine of Rs. 500/- and in default of payment of fine he was ordered to undergo three months rigorous imprisonment and under Section 417 I.P.C. and sentenced to a fine of Rs. 500/- and in default of payment of fine he was ordered to undergo three months rigor­ous imprisonment. Crl. Revision No. 1145 of 1981, has been filed by the applicant for the enhancement of the sentence awarded to the opposite party by the Nagar Magistrate 1st Class, Aligarh. The opposite party has filed Criminal Appeal No. 146 of 1981, against the judgment of the Nagar Magis­trate 1st Class, Aligarh dated May 30, 1981, in the court of the III Additional Sessions Judge, Aligarh which is pending. It is, therefore, expedient for the ends of justice that both the criminal revisions filed in this court by the applicant and the criminal ap­peal filed by the opposite party in the court of the Sessions Judge, Aligarh be heard to­gether. As under Section "407 Cr.P.C. the appeal filed by the opposite party before the Sessions Judge, Aligarh can be transferred to this court but the revision filed by the applicant in this court cannot be transfer­red to the court of the Sessions Judge it is expedient for the ends of justice to transfer the appeal filed by the opposite party before the Sessions Judge, Aligarh, to this court.