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Virendra Kumar v. State Of U.P. & Another - TRANSFER APPLICATION (CRIMINAL) No. 477 of 2002 [2006] RD-AH 5352 (6 March 2006)


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Court no. 1

Criminal Misc. Transfer Application No. 477 of 2002

Virendra Kumar  . . .   Vs.  . .  . . .  State of U.P. and another.


Hon'ble R.K.Rastogi,J.

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.




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