KALI CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Anoop Trivedi, learned counsel for the applicants, Sri Y.S. Bohra Advocate for the opposite party no. 2 and learned A.G.A, for the State.

(2.) THIS is transfer application for transferring the Sessions Trial No. 1144 of 2001, arising out of case Crime No. 493 of 1999, under Sections 147, 148, 149, 302 I.P.C., State Vs. Kali Charan and others to some other adjoining district.

(3.) SRI Anoop Trivedi has filed Criminal Misc. Application against the order issuing non bailable warrant to keep the non bailable warrant in abeyance and not to compel their attendance in the court till the stage of Section 313 Cr.P.C. Annexure-2 to the Misc. Application is an order dated 18.7.2006 passed by this Court in the present transfer application permitting the accused not to appear personally before the trial court on the date fixed. Thereafter another order was passed on 11.8.2006. The Senior Superintendent Of Police, Bulandshahar was directed to file an affidavit in reply to the averments made in the affidavit filed in support of the transfer, application fixing 4.9.2006. It is averred in the affidavit filed in support of the Misc. Application dated 24.1.2007 that though the court below was apprised about the order of this Court despite the fact that the applicants were not required to be present in the court, order has been passed on 29.8.2006 on different time at short intervals. One order was passed prior to 12 Noon, subsequent order was passed at 12 O'clock then again at 2.30 and last order at 3 0' clock issuing notices to the sureties and also initiating proceedings under Section 446 Cr.P.C.