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Sachin Saxena @ Lucky v. State Of U.P. & Another - APPLICATION U/s 482 No. 11685 of 2006  RD-AH 17182 (4 October 2006)
(Court no. 48)
Criminal Misc. Application No. 11685 of 2006
Sachin Saxena alias Lucky. .... ...... Applicants-Accused.
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.
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