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Vijay Kumar Tiwari v. State Of U.P. - TRANSFER APPLICATION (CRIMINAL) No. 174 of 2001 [2006] RD-AH 7403 (5 April 2006)


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                     Criminal Misc. Recall Application No.  54597  of 2004


Criminal Misc. Transfer Application No.   174  of      2001

Vijay Kumar Tewari            ...                       ..                       ...                     Applicant


1. State of U.P

2. Buddhesh Mani Pandey                    ...                     ...                   Opp. Party


Hon. G.P. Srivastva, J.

This is an application to recall the order dated 4.9.2003 passed by this Court dismissing the Transfer Application.

I have heard learned counsel for the parties. It has been argued by the learned counsel for the applicant that there is error apparent on the face of the record because the transfer application was moved on the ground pleaded in paras 5, 6, 7, 8, 9 and 10 of the application whereas the application was decided on the basis of averments made in para 11 of the application. In fact the contention in para 11 of the application is not the ground for transfer the case nor there was any grievance against the Chief Judicial Magistrate concerned.

From the pleadings of the Transfer Application it appears that the grievance of the applicant is against the conduct of opposite party No. 2 who is a practicing lawyer at Padrauna district Kushinagar. Due to his influence the applicant is not able to engage a lawyer. Therefore I am satisfied that there is error apparent on the face of the record.

In the result the application is allowed. The order dated 4.9.03 passed by this Court dismissing the Transfer Application No. 174/01 is recalled. The aforesaid Transfer Application is restored to its original number.

List the Transfer Application before the court afresh and it shall not be treated as tied up to me.  

Dt. 5.4.06.



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