ADITYA PANDEY Vs. STATE OF U P AND ANR
LAWS(ALL)-2015-11-231
HIGH COURT OF ALLAHABAD
Decided on November 03,2015

ADITYA PANDEY Appellant
VERSUS
State Of U P And Anr Respondents

JUDGEMENT

- (1.) This application under Section 482 Cr. P.C. has been filed with the prayer to quash the impugned order dated 18.9.2015 passed by the learned Sessions Judge, Allahabad in Criminal Transfer Application No. 296 of 2015 (Smt. Bharti Pandey Vs. State of U. P. and another) whereby the Criminal Revision Nos. 157 of 2015 and 239 of 2015 as connected case was transferred to Additional Sessions Judge, Court No. 12.
(2.) Submission of the learned counsel for the applicant is that the order dated 18.9.2015 passed by the learned Sessions Judge is an ex-parte order, thus the right of the applicant is affected and prejudiced. Prayer has been made to set aside the order dated 18.9.2015 with the direction to the concerned Sessions Judge to hear the applicant afresh on the transfer application moved by opposite party no. 2 before passing any order.
(3.) Learned A.G.A. argued that Sessions Judge was empowered to transfer, withdraw or recall any case, appeal or revision which he has made over to any criminal court. Since both the criminal revision arises out of the connected cases, therefore, there is no illegality or infirmity in the order.;


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