JATAN SIROHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned senior counsel, Sri D.R. Chaudhary, learned counsel for the petitioner, Sri A.K. Tripathi and Sri Surendra Singh, learned special counsel for the State and perused the record.

(2.) The petitioner Jatan Sirohi has filed the present criminal misc. writ petition for quashing the order dated 17.4.2004 passed by the learned Special Judge (E.C. Act), Bulandshahar in S.T. No. 99 of 2004 under Sections 396, 364, 307 IPC whereby he allowed the prayer of the Jail Superintendent, Bulandshahar for transferring the petitioner / accused to the Central Jail, Agra.

(3.) The facts of the case briefly narrated are that the petitioner (Jatan Sirohi) is an inter-state criminal as several criminal cases are pending against him in the different States of the Country. He has been sentenced to life imprisonment in S.T. No. 167 of 2002 in the State of Madhya Pradesh and he was consequently imprisoned in Central Jail, Bhopal (M.P.) to serve out the sentence. He is also an accused in S.T. No. 99 of 2004 under Sections 396, 364, 307 IPC, which is pending in the Court of Special Judge (E.C. Act), Bulandshahar. The trial of the case is in progress as the same is proceeding expeditiously in compliance with the order dated 30.8.2005 passed by this Court in criminal misc. application No. 11797 of 2005. A copy of the order dated 30.8.2005 is annexed and marked as annexure-12 with the supplementary affidavit. It is not out of place to mention that he (petitioner) was transmitted from the Central Jail, Bhopal to the District Jail, Bulandshahar vide order dated 7.1.2004 passed by this Court in criminal misc. writ petition No. 8123 of 2003. A copy of the order dated 7.1.2004 is annexed and marked as annexure-2 with the writ petition. It is alleged that the petitioner has apprehension of danger to his life during the period of his being taken to the Court from the Jail and vice-versa. Therefore, he filed the writ petition (criminal) No. 196 of 2004 in the Hon'ble Apex Court wherein the Hon'ble Court by its orders dated 27.8.2004 & 1.10.2004 provided him interim security. Not only this, but the security was also provided to him vide its order dated 25.11.2004 passed by this Court in criminal misc. writ petition No. 9508 of 2004. The true copies of the orders dated 27.8.2004, 1.10.2004 & 25.11.2004 are annexed and marked as annexures - 7, 8 & 9 with the supplementary affidavit in the writ petition.