TRITA Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel Sri Sumit Goyal from the side of the applicant and the learned A.G.A. from the side of opposite parties.

(2.) This application under Sec. 482 Cr. P.C. has been moved with the prayer that the Court of Sessions Judge, Saharanpur be directed to try Case No. 1296 of 2005, Trita Vs. Rajbir and others , which is cross case of Special Case No. 878 of 2000 under sections 325, 504, 506 I.P.C. and Sec. 3 (1) (10) of S.C.S.T. Act Police station Rampur district Saharanpur together.

(3.) During the course of arguments, I am told by the learned Counsel for the applicant that the case was pending in the Court of A.C.J.M. but during the pendency of this application the case has already been committed to the Court of Sessions, as cross case was pending for trial in the Court of Additional Sessions Judge. There is nothing that the applicant ever approached to the Sessions Judge for transfer of the case committed by the Magistrate to the Court of Second Additional Sessions Judge. It appears that the case had been committed by the Magistrate simply due to the reason that the cross case was being tried by the Court of Sessions.