Ramdhan vs State of U.P.and another

Barkat Ali Zaidi, J.—Applicant "Ramdhan accused in (S.T. No. 206 of 1999) State, v. Babloo and others, under sections 147, 148, 149, 504, 307 and 302 IPC and section 3(2), 5 S.C./S.T. Act, pending in the Court of Special Judge, S.C./S.T. Act, Meerut wants his case transferred to District Baghpat.

I have heard Sri Arun Kumar Singh, Counsel for the applicant and Sri J.K. Upadhyay, Additional Government Advocate for the State.

The Counsel for the applicant says that on basis of a First Information Report, registered by Opposite Party No. 2, complainant at Police Station Baghpat under sections 147, 148, 149, 504, 307 and 302 IPC and section 3(2), 5, S.C./S.T. Act on 21.10.2008, police registered a case in Crime No. 400 of 1998, against the present applicant and 4 others, namely Qasim Yasin, Babloo and llyas and filed a challan against the applicant in Meerut and against the other coaccused including the present applicant in District Baghpat. Thus, for the same occurrence, the applicant is facing trial at two different places.

As will appear from the record, out of Case Crime No. 400 of 1998 a case (S.T. No. 206 of 1999) State v. Babloo and others is pending before Special Judge S.C./S.T. Act Meerut and other S.T. No. 523 of 2006 before Special Judge, S.C./S.T. Act, Baghpat and both relate to the same incident.

Besides complainant, accused and the witnesses belong to District Baghpat. Trial of the same offence at two different places against the accused may give rise to serious ramifications.

S.T. No. 206 of 1999 (State v. Babloo and others), pending before Special Judge, S.C./S.T. Act, District Meerut is, therefore, transferred to District Baghpat.

District Judge, Baghpat will assign the trial of this case to the Court, where S.T. No. 523 of 2006 (State v. Ramdhan) is being dealt with.

Transfer application disposed off accordingly.