High CourtsDivision Bench(2008) 03 AHC CK 0016

Om Prakash vs State of U.P. and Others

Allahabad High Court · Decided on 12 March 2008 · Citation: (2008) 2 ACR 1801

HON’BLE JUDGES
Zaidi, J · Barkat Ali, J
CASE NUMBER
Criminal M. 2nd T.A. No. 138 of 2008

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Judgment

6 paragraphs · 241 words

Barkat Ali Zaidi, J.—This application for transfer regarding S.T. No. 205 of 1997 u/s 302, I.P.C., pending in the Court of Addl. Sessions Judge, Fast Track Court No. 1, Basti, was moved by the accused on various grounds, which need not be enumerated.

2.

It was opposed by the counsel for the State and by the complainant who had engaged a counsel saying that the accused (applicant) is himself a lawyer and has been misbehaving with the Court, which fact will also appear from the order-sheets of the case. Since the accused (applicant) is himself a lawyer, it is surprising that the charge of such nature is being brought against him showing disrespect to the Court, undermines the prestige of judicial system and lawyer, in particular, are supposed to uphold the dignity of the Court. We hope that the accused will not say or do anything, which is derogatory and which is disrespectful.

3.

During hearing of the application, the modus-vivendi was arrived at, between the parties, to the effect that the case be now dealt with by the District and Sessions Judge.

4.

There seems no reason, not to accept the aforesaid agreement between the parties and, it therefore, seems appropriate to transfer the case to the Court of District and Sessions Judge, Basti for further proceedings, according to law.

5.

The case is at the fag end. It will be promptly heard-disposed of expeditiously.

6.

Order is passed accordingly.