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SACHIN SAXENA @ LUCKY versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Sachin Saxena @ Lucky v. State Of U.P. & Another - APPLICATION U/s 482 No. 11685 of 2006 [2006] RD-AH 17182 (4 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

 (Court no. 48)

Criminal Misc. Application  No.   11685  of 2006

Sachin Saxena alias Lucky. ....  ......             Applicants-Accused.

Vs.

State of U.P. & another. .....                Opp.Parties.

****

Hon'ble Barkat Ali Zaidi, J

1. Heard Sri R.P.S. Chauhan and  Sri Sumit Gopal, learned counsel for the applicant,  and Sri N.C. Tripathi, learned A.G.A. for the State.

2. The applicant is na accuswed in S.T. No. 200 of 2006 ( State  Vs. Sachin Saxena  under Sections  under Sections 302,504 and 506 I.P.C., pending before the Addl. Sessinos Judge, Court No. 6, Pilibhit.

3. As will appear, 28.8.2006 was  fixed in the aforenoted trial    before Addl. Sessions Judge Court No. 6, Pilibhit. Before 28.8.2006, an application was moved seeking transfer of the Trial before learned Sessions Judge Pilibhit,  which was pending.

4. On 28.8.2006, an application was given before  Addl. Sessions Judge informing  about pendency of Transfer Application besides  to dispense with applicant's  personal presence, which the learned Trial Judge refused, and  has ordered to issue non-bailable  warrant against the applicant  and show cause notices to the sureties fixing 6.9.2006  on 6.9.2006 he reiterated the earlier order fixing 18.9.2006.

5. Once the learned Additional Sessions Judge was informed by the applicant that a transfer application was pending, it was not justifiable to  pass the orders , noted above. The aforenoted orders for issuing Non Bailable Warrant  and notice to sureties impugned in this applicatin are, therefore,  set aside. The applicant shall remain  on bail on  earlier  bonds filed.

6. This petition is disposed of accordingly.

7. Let a copy of this order be sent to the learned Addl. Sessions Judge, Court No. 8 Pilibhit where the triaql has now been transferred for information and compliances .

8. A certified  copy of this order be issued to the learned counsel for the applicant by tomorrow by the office on payment of usual copying charges.  

Dt:  4.10.2006

  n.u.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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