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2014 Supreme(All) 3188

SUDHIR AGARWAL
Mamnoon – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- M.J. Akhtar,V.M. Zaidi
For the Opposite Party :- Govt.Advocate

JUDGMENT

Sudhir Agarwal, J.

1. This is an application filed under Section 407 Cr.P.C. seeking transfer of Sessions Trial No. 1162 of 2009 (Case Crime No. 264 of 2004) pending in the Court of Additional Sessions Judge, Court No. 7, Muzaffar Nagar to the Court of equal jurisdiction of any other adjacent District. Counsel for applicants contended that earlier Trial reached to the stage of hearing in the Court of Additional Sessions Judge, Court No. 9 when District Judge transferred it to Court No. 7 whereagainst applicants came to this Court in Transfer Application (Criminal) No. 261 of 2013 and this Court disposed of the same vide judgment dated 9.5.2014 directing that the Trial shall continue in the Court of Additional Sessions Judge Court No. 9. However, it is stated in para 18 of the affidavit that in the meantime Presiding Officer of Court No. 9 stood changed and thereafter Trial was transferred from Court No. 9 to Court No. 7 by District Judge by order dated 21.7.2014. Now this application has been filed alleging that District Administration, in order to get a particular result in the Trial, is pressurizing the Presiding Officer and therefore the said Trial has been transferred. P




















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