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2007 Supreme(All) 283

POONAM SRIVASTAVA
MADAN LAL – Appellant
Versus
STATE OF U P – Respondent


Advocates:
K.D.TIWARI,

MRS. POONAM SRIVASTAVA, J.

Heard Sri K. D. Tiwari, learned Counsel for the applicant and learned A. G. A. for the State.

2. At time when the transfer application was moved, notices were issued to the opposite party No. 2. Office report dated 26-9- 2006/3-10-2006 shows that the notices issued to the opposite party No. 2 has been received duly served. No counter-affidavit has been filed so far. However, since the para wise comments called for by this Court vide order dated 21-3-2006 from Smt. Pratibha Khanna, Additional Session Judge (Court No. 2), Rampur has been received, I proceed to decide this transfer application.

3. In paragraph 13 of the affidavit filed by Sona Ram in support of the transfer application, it is alleged that the Additional Sessions Judge Court No. 2, Rampur cancelled the bail of the applicant vide order dated 11-5-2005 in collusion with the opposite party No. 2 on the baseless ground. However, the bail was once again allowed by this Court on 21-11-2005 in Bail Application No. 12149 of 2005. In paragraph 15 of the said affidavit, it is stated that Smt. Pratibha Khanna is adamant to send the applicant to jail and only with a view to harass him, issued warrants ag






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