Narendra Pal Singh and Others vs State of U.P. and Another

Barkat Ali Zaidi, J.—This is transfer application by applicants of Case No. 49 of 1999, under Sections 420, 467, 409, 218 and 120, I.P.C. and Section 13 (1) (d) read with Section 13 (2), Prevention of Corruption Act, pending before Special Judge, Prevention of Corruption Act, Lucknow.

Heard Sri Pankaj Kumar Shukla, advocate for the applicants and Sri N.D. Rai, Addl. Government Advocate for the State.

The five applicants (accused) in this case are transporters and want their case transferred from the Court of Special Judge, Prevention of Corruption Act, Lucknow to some other district. Opp. Party No. 2 Sri Anirudh Singh is the Presiding Officer.

This order need not be burdened for various reasons enumerated for transfer, and there is only one rational ground which needs to be considered, that, despite the order of this Court on 29.11.2006, the Court did not summon departmental records before dismissing the application for discharge. The reason given by the learned Judge, was that the documents need to be considered at the stage of charge, and not at this stage. The trial court was right in it''s view, because at the stage of discharge, only the existence of a prima facie case is to be considered.

The accused have not appeared before the trial court despite orders by this Court and have been making various kinds of applications and have also been dodging the coercive process. They are not entitled to any relief in view of this conduct of their part.

The counsel for the applicants emphasized the circumstance that the learned Judge wrote in his order that he was sad to note, that a contempt petition against him was filed without bringing the matter to his notice. The mere mention of this circumstance, which is a fact, will not provide any ground for transfer of the case.

Application rejected.