Court No. - 71

Case :- APPLICATION U/S 482 No. - 33625 of 2022

Applicant :- Arvind Kumar And 2 Others

Opposite Party :- State Of U.P. And 7 Others

Counsel for Applicant :- Muktesh Kumar Singh,Ramkripal

Yadav

Counsel for Opposite Party :- G.A.,Dhirendra Kumar

Srivastava

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Learned counsel for the applicants and learned counsel for the

opposite party nos. 4 to 8 are present.

Learned counsel for the applicants made a prayer to quash the

order dated 15.09.2022 passed by the District Magistrate,

Chandauli under Section 411 Cr.P.C. by which the transfer

application of the applicants has been rejected.

The impugned order dated 15.09.2022 is before the court,

whereby the transfer application of the applicants making

allegation against the Presiding Officer Sri Avinash Kumar

regarding his integrity was rejected by the District Magistrate

finding the ground to be wrong. The District Magistrate,

Chandauli vide order dated 15.09.2022 found the allegation to

be wrong with the intention of lingering on the proceeding.

Learned counsel for the opposite party nos. 4 to 8 submitted

before the court that the Presiding Officer Sri Avinash Kumar

against whom the present allegation was made by the learned

counsel for the applicants, has been transferred to Pt. Deen

Dayal Upadhyay Nagar, Tehsil Chandauli and in his place new

office has taken charge.

Learned counsel for the applicants submitted that he has no

knowledge of this change.

Learned counsel for the opposite party nos. 4 to 8 requested to

note down his undertaking in this regard which shows that he is

clear about his statement and the officer against whom the

allegation was made, has been transferred.

As the officer against whom the allegation was made, has been

transferred, so in my opinion the ground of seeking transfer of

file of the applicants from his court, comes to an end and

present application of the applicants becomes infructuous.

However, learned counsel for the applicants submitted that a

direction be issued to the present Sub Divisional Magistrate,

Tehsil Chandauli, District Chandauli to decide the Case No.

4557 of 2021 under Section 145 Cr.P.C, expeditiously, which is

pending since 27.12.2021.

The prayer of the learned counsel for the applicants is allowed.

The Sub Divisional Magistrate, Tehsil Chandauli, District

Chandauli is directed to decide Case No. 4557 of 2021 under

Section 145 Cr.P.C, expeditiously, preferably within a period of

two months.

The application under Section 482 Cr.P.C. is disposed of

accordingly.

Order Date :- 20.1.2023

gp

Digitally signed by :-

GANESH PRAKASH

High Court of Judicature at Allahabad