- (1.) Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned A.G.A. and perused the record.
(2.) This transfer application has been filed with the prayer to transfer the Sessions Trial No. 43 of 2015 (State vs. Rajesh and 11 others), registered as Case Crime No. 760 of 2014, under Sections 364, 343, 346, 302, 201, 120B I.P.C., Police Station Kotwali, District Mathura, pending in the court of Additional Sessions Judge, Court No. 1, Mathura, from the court of Additional Sessions Judge, Court No. 1, Mathura to any court of competent jurisdiction in any adjoining district.
(3.) Counsel for the applicant has submitted that he only wants to press the transfer application on the ground that the court at Mathura had no territorial jurisdiction to try the case, inasmuch as, no cause of action arose at Mathura. The deceased and the victim left Mathura on their own accord, even as per the prosecution version, they were illegally detained by the accused at Hathras. The deceased Brijesh was killed at Hathras. Both the victims namely Pramod Chaudhari and Gopal Yadav were set free from Sadabad (District Hathras) itself, even as per the recovery memo, both the victims were recovered at Nabla Dhokla turn at Baldeo Sadabad Road, which is situated in district Hathras. Even as per the certificate issued by the Gram Pradhan, Sadabad which is Annexure RA-1 to the rejoinder affidavit of Nishant Kumar of village Nabla Dhokla which is situated in Bisawar Gram Panchayat, Tehsil Sadabad, District Hathras.;