Pradeep Kumar Sagar vs. State Of U.P.

Court No. - 71

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 525 of 2018

Applicant :- Pradeep Kumar Sagar Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Anil Kumar Aditya,Anil Kumar Dhaka Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

As per office report dated 15.02.2019 the notice on opposite party no. 2 has been served but no one has put in appearance on behalf of opposite party no. 2.

This application has been filed praying for transfer of Sessions Trial No. 59 of 2017 (State vs. Pradeep Kumar Sagar) arising out of Case Crime No. 611 of 2016, under Section- 498A, 315, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station-Kasganj, District- Kasganj to Rampur.

The submission is that by resolution dated 01.12.2016 the Kasganj Bar Association resolved that no counsel shall contest a case against any counsel who is member of the Association.

It has been submitted that in view of such a resolution the applicant is not able to engage any counsel since the opposite party no. 2 is a lawyer practicing at Kasganj. It has been submitted that it is difficult for applicant to get justice since in view of the resolution of the Bar Association Kasganj no counsel is willing to contest his case.

In view of the fact that no counter affidavit has been filed the averments made in affidavit in support of transfer application are treated to be correct.

This transfer application is allowed.

The District Judge, Kasganj is directed to transfer the record of aforesaid case to Judgeship, Rampur within a period of two weeks from the date of production of a certified copy of this order for assigning it to the appropriate court.

Order Date :- 18.2.2019 Rohit