CRLR/142/2018 of Sandeep AND ANOTHER Vs State Of Uttarakhand AND ANOTHER

CRLR No.142 of 2018 Hon’ble Lok Pal Singh, J.

Mr. Mohd. Safdar, Advocate for the revisionist.

Mr. Rakesh Kumar Joshi, Brief Holder for the State.

Mr. Vaibhav Singh Chauhan, Advocate for respondent no.2.

This criminal revision is directed against the order dated 13.04.2018 passed by learned Sessions Judge, Haridwar in Transfer Application No.101 of 2018, whereby the learned Sessions Judge, Haridwar has transferred criminal revision no.83 of 2018 from the court of 2[nd] Addl. Sessions Judge, Roorkee to its court i.e. Sessions Court, Haridwar.

It is the contention of learned counsel for the revisionist that transfer application of the respondent no.2 has been allowed by the learned Sessions Judge, on the same date when it was presented, without providing any opportunity of hearing to the revisionist.

I have heard learned counsel for the parties and perused the material available on filed.

Learned Sessions Judge, Haridwar, has not assigned any reason, whatsoever, in his order, so as to transfer the case. That apart, neither any notice was issued to the revisionist on the transfer application nor revisionist was heard before passing of the impugned order. On this ground, impugned order is unsustainable and is liable to be set aside.

Accordingly, criminal revision is allowed. Impugned order dated 13.04.2018 is hereby quashed.

(Lok Pal Singh, J.) 09.08.2018