PRADEEP KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Prasad Dwivedi, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State as well as perused the record.

(2.) This application Under Sec. 407 Cr.P.C. has been moved on behalf of applicant:Pradeep Kumar with a prayer to transfer the proceedings of Sessions Trial No.09/2001, Case Crime No.180 of 1999 (State vs. Ram Harakh and Others), Police Station-Paniyra under Sec. 147, 149, 325, 323, 504, 506, 308 and 304 I.P.C. pending in the court of learned Additional Session Judge Court No.1, Maharajganj to any competent court nearest District i.e. 1. Gorakhpur, 2. Basti and 3. Siddhartnagar or any nearest Dsitrict.

(3.) Learned Counsel for the applicant submits that the applicant is a poor person, who belongs to schedule caste whereas the opposite party No.2 is a very rich and influential person in the society. He further submits that the aforesaid case is a cross case between the applicant and the opposite party No.2 and on the same day the family members of the applicant also filed an F.I.R. bearing No.75/1999, Crime No.180A/1999 (State vs. Ramanuj Pandey and Others) against the private opposite parties. He further submits that as both the F.I.Rs. were lodged on the same date, the trial of both the cases is also running parallel and the opposite party No.2 and her husband being an influential person is delaying the proceedings of the aforesaid case on one ground or the other. He further submits that the husband of the opposite party No.2 even misplaced the file of the aforesaid case with the collusion of the office of the concerned District Court, thus, he submits that aforesaid case may be transferred to some other District Court mentioned above, so that the applicant may fully cooperate in the conclusion of trial without any fear and the trail may also be concluded in a fair manner.