High Court of Judicature at Allahabad
Case Law Search
Virendra Kumar v. State Of U.P. & Another - TRANSFER APPLICATION (CRIMINAL) No. 477 of 2002  RD-AH 5352 (6 March 2006)
Court no. 1
Criminal Misc. Transfer Application No. 477 of 2002
Virendra Kumar . . . Vs. . . . . . State of U.P. and another.
Heard Sri Sunil Kumar for the applicant and learned A.G.A. for the State.
Opposite Party no.2 has not been served.
The learned counsel for the applicant submits that the case, transfer of which has been sought by the present transfer application , is the State case and that too on the ground of jurisdiction and so there is no necessity for service upon O.P. no. 2, complainant in the State case.
The only ground taken in this transfer application is that the case pertains to village Salempurjaat which originally belonged to district Bulandshahr but was transferred to Gautam Budh Nagar at the time of creation of this new district. Subsequently, this village was again included in district Bulandshahr. A copy of notification no. 282/1-5/2002-Ra-5, Rajaswa Anubhag, U.P. Government dated 27.5.2002 has been filed in which this village Salempurjaat has been shown at serial no. 2 in Schedule -I and the villages of this Schedcule have been re-transferred from district Gautambudh Nagar to district Bulandshahr.
Under these circumstances when village Salempurjaat, where the disputed incident took place, has been included in district Bulandshahr, the case is also to be transferred to district Builandshahr. This fact of transfer of village Salempurjaat has also been admitted in the counter affidavit filed by the State. So, I am of the view that the present transfer application deserves to be allowed.
The transfer application is allowed. Criminal case no. 4050 of 2002, State Vs. Virendra Kumar and others under sections 147, 328, 324, 504 and 506 I.P.C. police station Kakor distrtict Gautambudh Nagar is transferred from the court of the Chief Judicial Magistrate, Gautam Budh Nagar to the court of the Chief Judicial Magistrate, Bulandshahr, who may either try the said case himself or transfer it to any other court of competent jurisdiction for disposal.
Double Click on any word for its dictionary meaning or to get reference material on it.