UDAY PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Sri V. B. Singh, Senior Advocate assisted by Sri Uday Pratap Singh for applicants and Sri Ravindra Singh, Additional Advocate General for the State of U. P. Sri A. K. Misra appears for Sri Satish Kumar Shukla, who has intervened in the matter.

(2.) THIS Criminal Misc. (Transfer) Application has been filed under Section 407 Cr. P. C. and Section 25 (2) (3) of the Prevention of Terrorism Act, 2002 (in short the Act No. 15/2002) for transfer of Case Crime No. 10/2003 under Section 3/4 POTA and the attached cases namely Crime No. 9/2003 under Section 25 Arms Act, 11/2003 under Section 4/5 Explosive Substance Act, 12/2003, 13/2003, 14/2003 and 15/2003 under Section 25 Arms Act, P. S. Kunda, District Pratapgarh pending before Special/designated Court, Kanpur Nagar constituted under the Act No. 15/2002, to any other Designated Court in the State and for any other or further orders.

(3.) SRI V. B. Singh, Senior Counsel for applicants submits that the applicants have suffered and are suffering heavily by undue delay in seeking justice and their liberty is at peril. He has pleaded for the protection of the right, life and personal liberties of the applicants under Section 21 of the Constitution of India.