State v. Ashok Dixit and others) arising out of case crime no
Case Details
Neutral Citation No. - 2024:AHC:149516 Court No. - 86 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 35 of 2024 Applicant :- Vijendra Pal Singh Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.,Hitesh Pachori,Virendra Singh Patel Hon'ble Nalin Kumar Srivastava,J. 1. 2. Counter affidavit filed today is taken on record. Heard learned counsel for the applicant, learned counsel for the opposite party nos.2 to 4 and learned AGA for the State. 3. This transfer application under section 407 Cr.P.C. has been moved by the applicant (complainant) with a prayer to transfer the Session Trial No.374 of 1991 (State Vs. Ashok Dixit and others) arising out of case crime no.1273 of 1989 under sections 302, 307, 120-B IPC,
Legal Reasoning
Police Station Uttar Firozabad, District Firozabad pending in the Court of Additional District & Sessions Judge, Court No.12, Agra to District Firozabad having competent jurisdiction. 4. In the instant transfer application, the main ground has been taken to the effect that on 5.2.1989 District Firozabad was established and after 18.2.1990 all the criminal and civil cases pertaining to District Firozabad were transferred for trial to Firozabad from District Agra, but the record of the Session Trial could not be transferred whereas in the present case, F.I.R. was lodged at Police Station Firozabad North. It is further submitted that the Government advocates working in the trial court themselves made a request to the Court to transfer this case to District Firozabad as the case diary was not available on the record of this case. It is also submitted that as per the report obtained from District Judge, Agra, only the cases wherein the trial was not started yet, were to be transferred from Agra to District Firozabad. Since in the case in hand, the trial was not started when District Firozabad was formed the record of the present case ought to be transferred from District Agra to District Firozabad but the same was never acted upon. The Court at District Agra is having no jurisdiction to entertain the case in hand. Hence, on these grounds, a prayer has been made to transfer the aforesaid session trial from District Agra to District Firozabad. 5.
Legal Reasoning
Per contra, learned counsel for the opposite parties nos.2 to 4 vehemently opposed the transfer application and it has been submitted that the concerned Session Trial is at the stage of evidence and substantive evidence has already been recorded. Moreover, the opposite parties no.2 to 4 / accused persons earlier were convicted in a criminal case at District Firozabad and the other side is 2 still having grudge and animosity with the opposite parties no.2 to 4 and there is a danger of life to them if they visit Firozabad for the pairvee of the case. 6. In the instant matter, a query was made from Sessions Judge, Agra to apprise this Court as to why record of present case was not transferred to Session Division, Firozabad after creation of District Firozabad in the year 1989 and also to intimate whether there was any specific order from any authority or the Court not to transfer this case from Sessions Division, Agra or it was only a result of any inadvertent mistake. 7. The said report dated 07.08.2024 is on record wherein learned Sessions Judge, Agra has referred a Government Notification No.4782/छ-पुo-9-20(7)(5)/89 Lucknow dated 29.07.1992, in the later part of which it is notified that "राज्यपाल, अग्रेतर यह भी निर्देश देते हैं कि इस नि(cid:17)र्दे(cid:19)श देते हैं कि इस र्देेते ह ैं कि इस नि(cid:22) इस अधि(cid:26)सूच(cid:17)ा (cid:22)ी किसी बात का नि(cid:22)सी निर्देश देते हैं कि इस बात (cid:22)ा त(cid:22) उक्त क्षेत्र के संबंध में अधिकारिता का प्रयोग किया है क्षेत्र के संबंध में अधिकारिता का प्रयोग किया है (cid:22)े संबं(cid:26) में जितने अब अधि(cid:26)(cid:22)ारिरता (cid:22)ा प्रयोग किया है नि(cid:22)या ह ै, (cid:22)ो निव चारा(cid:26)ी निर्देश देते हैं कि इस(cid:17) नि(cid:22)सी निर्देश देते हैं कि इस निव धि(cid:26) (cid:22) निर्दे(cid:17)ां(cid:22) या उक्त क्षेत्र के संबंध में अधिकारिता का प्रयोग किया है प्रभाव (cid:22)ाय/व ाह ी निर्देश देते हैं कि इस पर (cid:17)ह ीं पड़ेगा। पड़ेग किया हैा।" पह ले से न्यायालय में जितने अब जि%त(cid:17)े अब पह ले से प्रारंभ 8. In the first part of the said notification, the new area of District Agra, Firozabad and Mainpuri has been redefined with reference to the newly created District Firozabad. 9. It is specifically clear from the perusal of the aforesaid government notification that if any case is pending in the court at Agra, the jurisdiction of the court concerned at Agra shall not be affected in any way 3 meaning thereby that the cases which were already pending in the competent court at Agra shall remain continued in the said court at Agra and the aforesaid notification shall not make any effect over the aforesaid legal proceedings. 10. Learned counsel for the applicant has made a submission that since all the judicial records pertaining to District Firozabad were sent there from Agra, the sole record of the case in hand also ought to be transferred to Firozabad. 11. Learned counsel for the opposite party nos.2 to 4 vehemently submitted that this Court has no concern with the other cases which were transferred to Firozabad but in the instant transfer application, it is to be determined whether the case in hand is liable to be transferred to District Firozabad or not. In my considered view in the light of the notification dated 29.07.1992 aforesaid, there is no necessity to transfer Session Trial No.374 of 2019 (State Vs. Ashok Dixit and others) arising out of case crime no.1273 of 1989, under sections 302, 307, 120-B IPC, Police Station Uttar Firozabad, District Firozabad to the court at Firozabad from Agra. It is a mature case and substantial evidence has also been recorded by the trial court. In these circumstances it is not expedient for the ends of justice to transfer the case in hand from Agra to District Firozabad and the transfer application is liable to be rejected. 4 12. It is clarified that the fact of loss of case diary pertaining to the matter in hand was also brought to the notice of this Court but in my view this is the duty of the court concerned where some particular case is pending to take proper and effective steps to search the lost record and make it a part of the record either by searching the original or by reconstruction or otherwise. Hence, the loss of case diary, in no way may be a ground to pass an order to allow this transfer application. 13.
Decision
In view of the above, the transfer application lacks merit, is liable to be rejected and is hereby rejected. Order Date :- 12.9.2024 Sanjeet 5