RAMESHWAR PRASAD YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.

(2.) This application has been moved to transfer Special Trial No. 124 of 2016, State Vs. Rameshwar Prasad Yadav, in Case Crime No. 10 of 2016, under Sections 7/13(1)(D)/13(2) Prevention of Corruption Act, Police Station Kotwali, District Azamgarh pending in the court of Special Judge, Anti Corruption Court, Gorakhpur to the Sessions Court, Allahabad for disposal.

(3.) Learned counsel for the applicant has submitted that a Government Order bearing No. 444/Ch.Pu. 9 -2008 -31(8)/08 Lucknow dated 19.2.2008 was issued by which each and every Sessions Judge and Additional Sessions Judge was vested with the power to decide the cases related to Anti Corruption Act of his own district. It has been submitted that the applicant is presently residing at Allahabad and the distance between Gorakhpur to Allahabad is around 400 kms. Hence it is very difficult for the applicant to go from Allahabad to Gorakhpur to attend the court proceedings after covering a distance of 400 Kms. Further submission of learned counsel for the applicant is that the similar case namely Transfer Application (Criminal) No. 21 of 2016 (Om Prakash Singh and another Vs. State of U.P.) has been allowed by this Court vide order dated 27.1.2015 and this Court has transferred the case in question from Gorakhpur to Gonda. On the aforesaid ground it has been prayed that the Special Trial No. 124 of 2016 be transferred from Gorakhpur to Allahabad.