LAWS(SIK)-2019-8-18

ALPESH NARENDRA SHAH Vs. MANOJ AGARWAL

Decided On August 06, 2019
Alpesh Narendra Shah Appellant
V/S
Manoj Agarwal Respondents

JUDGEMENT

(1.) Learned District & Sessions Judge, Special Division-II Sikkim at Gangtok, has sent a letter bearing Ref. No. 65 dated 06.07.2019, wherein she has forwarded a certified copy of the Order dated 06.07.2019, in Criminal Appeal No. 04 of 2019 : Alpesh Narendra Shah & another vs. Manoj Agarwal for necessary directions.

(2.) Learned Sessions Judge has stated in the order dated 06.07.2019 that counsel for the parties jointly submitted that a Revision Application against the Sentence passed by the learned trial Court in the case is pending before the learned Sessions Court, Special Division-I at Gangtok, however, the appeal is assigned to her Court. She has further stated that since it is an appeal against same Judgment passed by the learned trial Court, the Appeal and the Revision should be heard together for proper adjudication of the case.

(3.) The reasons given by learned Sessions Judge, Special Division-II, Sikkim at Gangtok, are correct. Accordingly, it is directed that Criminal Appeal No. 04 of 2019 : Alpesh Narendra Shah and another vs. Manoj Agarwal, be transferred to the Court of Learned Sessions Judge, Special Division-I, Sikkim at Gangtok.