IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 15/2009 Under Section 407 of CrPC State …….Applicant Versus Kamal …….Respondent December 9, 2009 Hon’ble Dharam Veer, J. Mr. M.A. Khan, Brief Holder for the State/applicant. None for the respondent. Learned Brief Holder for the State submitted that connected trial ST No. 36/2007, State v. Mahipal Singh Tomar & Ors. under Section 395 IPC has been transferred from 2nd Additional Sessions Judge, Dehradun to Sessions Judge, Tehri by the order dated 30.7.2009 passed by this Court at the request of the accused petitioner. He further submitted that the instant Sessions Trial No. 35/2005, State v. Kamal is also arising out of the same incident and is pending before the Additional Sessions Judge/IV F.T.C., Dehradun. A letter dated 18.8.2009 to the above effect has been received from the Additional District & Sessions Judge/IV F.T.C., Dehradun seeking further direction in the matter. After the receipt of the aforesaid letter, the matter was registered in the judicial side under Section 407 CrPC and office was directed to issue notice to the accused respondent Kamal. It has been reported now that notice issued to respondent Kamal has been received back unserved as the noticee is not residing at the given address. In these circumstances, it would be expedient in the interest of justice that the trial of the instant case should also be transferred to Sessions Judge, Tehri. Accordingly, Sessions Trial No. 35/2005, State v. Kamal under Section 395 IPC pending before the Additional Sessions Judge/IV F.T.C., Dehradun is transferred to Sessions Judge, Tehri for disposal according to law. The present application under Section 407 CrPC stands disposed of accordingly. (Dharam Veer, J.) 09.12.2009 PRABODH 2