Azmuddin @ Fauji v. Distt. and Sessions Judge Dist. Sultanpur and 4 Others

Court No. - 12 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 128 of 2024 Applicant :- Azmuddin @ Fauji Opposite Party :- Distt. And Sessions Judge Dist. Sultanpur And 4 Others Counsel for Applicant :- Maneesh Kumar Singh,Navita Sharma,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. By means of this application, the applicant has prayed for the following main reliefs:- "Wherefore, the petitioner most respectfully prays that the Sessions Trial No. 394 of 2010, State Versus Shamimuddin and others which is pending in the Court of Additional Sessions Judge, Court No. 4/Special Judge, E.C. Act, District Sultanpur may kindly be transferred to some other court of competent jurisdiction in District Pratapgarh." Considering the fact that an application under Section 408 Cr.P.C. is pending consideration before the District and Sessions Judge, District-Sultanpur (in short "trial court"), this Court is not inclined to entertain the instant application for the main relief sought quoted above. The instant application is accordingly disposed of with an observation that it is expected that the court concerned would decide the pending application under Section 408 Cr.P.C. registered as Case No. 519/2024 which relates to Case Crime No. 394/2020, Police Station-Kotwali Dehat, District-Sultanpur, most expeditiously, after taking note of the facts of the case and also the observations made by this Court and by the Hon'ble Apex Court in various pronouncements on the issue. The instant application is disposed of in above terms. Order Date :- 18.12.2024 Arun/- High Court of Judicature at Allahabad, Lucknow Bench