VIJAY LAKSHMI, J. - (1.) Heard Mr. Sikandar B. Kochar, learned counsel for the applicant, learned AGA for the State and Mr. Anoop Trivedi, learned counsel for O.P. No. 2.
(2.) This transfer application has been moved under section 407 Cr.P.C. with prayer to transfer the entire proceedings of S. T. No. 123 of 2013, State Vs. Nirmal Singh Grewal and others, pertaining to Case Crime No. 2568 of 2012, under sections 452, 307 I.P.C., P.S. Kotwali, District Bareilly, from the court of Additional District and Sessions Judge, Court No. 1, Bareilly, to the court of Special Judge (Gangster Act)/ Additional District and Sessions Judge, Court No. 5, Bareilly.
(3.) The applicant had earlier moved a transfer application before the Sessions Judge, Bareilly, on 27.1.2016, which was rejected on merits vide order dated 29.4.2016, certified copy whereof has been filed as Annexure no. 5 to the affidavit filed in support of the instant transfer application. It has been submitted by learned counsel for the applicant that the applicant together with his elder brother Karanpreet Singh Grewal and his father Nirmal Singh is facing trial for the offence under sections 452, 307 I.P.C. However, the police, in order to harass him and his family booked the applicant, his elder brother and father on the basis of the aforesaid trial and two other criminal cases pertaining to the years 1997 and 2008, under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, (hereinafter referred to as the Gangsters Act) vide first information report dated 25.12.2012. A gang chart was prepared and after investigation the police submitted charge sheet under sections 2/3 of the Gangsters Act. Subsequently cognizance was taken by the Special Judge (Gangsters Act), Bareilly, on 21.9.2013 and at present three prosecution witnesses have already been examined in the aforesaid trial under the Gangsters Act. ;