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Rajesh Kumar v. State Of U.P. And Others - APPLICATION U/s 482 No. 459 of 2005 [2005] RD-AH 5971 (18 November 2005)


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Hon'ble M. K. Mittal, J.

Heard Sri M. R. Khan, learned counsel for the accused applicant, learned A.G.A. and perused the record.

Application has been filed for transfer of Sessions Trial No. 49 of 1999 under Section 302 IPC, pending in the Court of Addl. Sessions Judge, Court No. 16, Deoria to some other Court as the applicant complainant has apprehension that he would not get justice in that Court.

The contention of the learned counsel for the applicant is that applicant had seen one of the accused Girish going towards the residence of the concerned Judge several times but no detail of even a single visit has been given by the applicant. Allegation as made is not reasonable and is not sufficient for transfer of the case. In the case of Bal Krishna Pillai Vs. State of Kerala, 2000 (41) ACC 630, Hon'ble the Apex Court has held that mere allegation that there is apprehension of getting justice is not sufficient. Before transferring the case, the Court has to find out as to whether the apprehension appears to be recorded. In view of this position, application for transfer is liable to be rejected.

Learned counsel for the accused applicant has further contended that  learned Session Judge has imposed the penalty of Rs. 1000/- for moving transfer application. He further prayed that applicant is a poor person and that it is too harsh for him. In the circumstances, this part of the order can be set aside and therefore the application is to be partly allowed.

Application under Section 482 Cr.P.C. is   partly allowed. Order imposing penalty on the applicant is set aside and the rest of the order is confirmed.




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