JALVEER Vs. STATE OF U. P.

JUDGEMENT

(1.) This Transfer Application, under Section 407 of Criminal Procedure Code (Hereinafter, in short, referred to as ''Cr.P.C.'), has been filed by the accused-applicants, Jalveer and five others, against State of U.P. and Opposite party no.2, Geetam Singh, with a prayer for transferring Sessions Trial No. 643 of 2014 (State Vs. Jalveer and others), arising out of Case Crime No. 286/2014, under Sections 147, 148, 149, 302 and 506 of Indian Penal Code, Police Station-Fatehpur Sikri, District Agra, from the court of Additional Sessions Judge, Court no.9, Agra, with a contention that this first Criminal Miscellaneous Transfer Application is being filed before this Court and prior to it the same was filed before the court of Sessions Judge, Agra, which was rejected by the Sessions Judge, Agra.

(2.) A first information report was lodged at Police Station-Fatehpur Sikri on 30.5.2014, against these accused persons with an allegation of murder of Bhupendra by the accused-applicants, whereas in autopsy examination report, there was only injury at the chest, within blackening and tattooing, around it. Investigation resulted in submission of chargesheet against Jalveer and Sahab Singh, alongwith Ghamandi, as a proclaimed offender. After committal of the case, charges were framed against Jalveer and Sahab Singh, thenafter, an application, under Section 319 of Cr.P.C., dated 26.10.2015, with a prayer for summoning Dhirendra, Ravindra and Satendra, was moved. Sahab Singh, on 18.9.2014 and Jalveer, on 23.9.2014, were released on bail. Dhirendra, Ravindra and Satendra were also released on bail by this Court. Ghamandi is in Jail since 5.9.2015. Trial proceeded before the Additional Sessions Judge, Court No.9, Agra. It was scheduled on 4.5.219, when date 30.5.2019 was fixed and signature of accused were taken over blank papers. An oral statement for judgment, to be delivered on 30.5.2019, was narrated, whereas on 30.5.2019, only one hour was given for arguments in the case. The date was manipulated and written to be 15.5.2019, which was not in the knowledge of the accused persons, then 30.5.2019 was fixed, but warrant was issued against accused-applicants. Recall application was moved and date 4.7.2019 was fixed. Hence, neither opportunity for argument was given nor it was heard, rather complainant-Opposite party no.2 was seen coming out of the chamber of the Presiding Judge. Transfer Application No.586 of 2019 was filed before the court of Sessions Judge, Agra, for transferring above case on which comment of the concerned presiding Judge was called for, who, in his comments expressed no objection over it, even then said Transfer Application was rejected, vide order dated 26.7.2019. Thus, this Transfer Application, with above prayer.

(3.) Learned counsel for the applicants argued that he has no objection in case file of Sessions Trial is being transferred to some other court, having competent jurisdiction, with grant of single date for argument over trial. Hence, a request for allowing this Transfer Application has been made.