Karan Singh Diwakar v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 250 of 2023 Applicant :- Karan Singh Diwakar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shree Prakash Giri Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Learned counsel for the applicant submits that due to inadvertence in the prayer clause "Sessions Trial No. 566 of 2016" has been mentioned, whereas it should be "Special Case No. 566 of 2016"." Learned counsel for the applicant is permitted to correct the same during the course of hearing. Sri Shree Prakash Giri, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present transfer application has been filed to transfer the Special Case No. 566 of 2016 arising out of Case Crime No. 582 of 2015 (State Vs. Vinod Kushwaha), under Sections 363, 366 of I.P.C. and Section 3(2)(v) of S.C./ S.T. Act, pending in the Court of Additional Sessions Judge, POCSO-II, Mathura to District Judgeship of Agra. Learned counsel for the applicant submits that applicant is father of the victim/ first informant in the above noted case. It is further submitted that the first informant and opposite party no. 2/ accused both are resident of town area Shamshabad, District Agra. In view of the above facts and circumstances, the present transfer application is allowed, and the Special Case No. 566 of 2016 arising out of Case Crime No. 582 of 2015 (State Vs. Vinod Kushwaha), under Sections 363, 366 of I.P.C. and Section 3(2)(v) of S.C./ S.T. Act, pending in the Court of Additional Sessions Judge, POCSO-II, Mathura is transferred to the competent court of District Judgeship of Agra. Let a certified copy of this order be immediately sent to the Sessions Judge, Mathrua and Agra for necessary compliance. Order Date :- 1.12.2023 Ishan High Court of Judicature at Allahabad