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2015 DIGILAW 2737 (ALL)

Mahanth Singh v. State of U. P.

2015-09-03

ASHWANI KUMAR SINGH

body2015
JUDGMENT Ashwani Kumar Singh, J. Heard learned counsel for the petitioner and learned State counsel. By means of this petition filed under Section 407 Cr.P.C., the petitioner has prayed for transferring the case i.e. Gangster Case No. 166 of 2012(State versus Pawan Kumar Pandey and Another) pending in the court of learned Additional Sessions Judge, court no. 4/Special Judge, Gangster Act, Ambedkar Nagar to any other Sessions Division. 2. The grievance of the petitioner is that the order dated 25.7.2015 passed by the Gangster Court indicates that the application on behalf of petitioner Mahanth Singh and co-accused Pawan Kumar was moved for condoning their attendance but the same was refused, observing that such application was moved only to delay the trial. It was further ordered that till disposal of the trial, the petitioner and co-accused Pawan Kumar would attend the court on every date and shall not leave the district without prior permission. It was further ordered that he shall record his attendance at police station, as well. Learned counsel states that such direction shows that the court is prejudiced and the petitioner feels that he shall not get justice from this court. 3. Considering the submissions of learned counsel for the petitioner, I do not think it to be a fit ground to transfer the case as desired. 4. Accordingly, the petition is dismissed.