IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Transfer Application No. 3 of 2008 Jawahar Singh Parihar …Applicant Versus State of Uttarakhand & others ... Respondents Sri Ramji Srivastava, Advocate for applicant Sri S.S. Adhikari, A.G.A. for respondent no. 1/State Dated: July 28, 2008 Hon’ble B.C. Kandpal, J. By way of this application under Section 407 of I.P.C. the applicant, who is facing trial in Sessions Trial No. 34 of 2005, State vs. Sunil Chauhan, arising out of Case Crime No. 305 of 1998, under Sections 307, 323 and 452 of I.P.C., P.S. Rudrapur, District Udham Singh Nagar, pending in the court of Sessions Judge, Udham Singh Nagar, has prayed for transferring the case from the court of Sessions Judge, Udham Singh Nagar to the court of Sessions Judge, Nainital. Heard Sri Ramji Srivastava, learned counsel for applicant, Sri S.S. Adhikari, learned A.G.A. for respondent no. 1/State and perused the record. Learned counsel for applicant has invited my attention towards Annexure-8, which is the order passed by the Hon’ble Apex Court, dated 02.04.2007 and has submitted that the cross case has already been transferred by the Hon’ble Apex Court from the court of Sessions Judge, Udham Singh Nagar to the court of Sessions Judge, Nainital. 2 Annexures 1 and 2 reveal that incident alleged to have taken place on 24.04.1998 between 3.35 p.m. to 3.40 p.m. One information has been lodged against the applicant by Arun Shukla and another cross report pertaining to same incident has been lodged by the applicant against the complainant side in the earlier case. It is quite clear that both the cases arising out of same incident and one case has already been directed to be transferred to the court of Sessions Judge, Nainital from the court of Sessions Judge, Udham Singh Nagar. Therefore, I think it would be just and proper in the interest of justice to transfer Sessions Trial No. 34 of 2005, State vs. Sunil Chauhan, arising out of Case Crime No. 305 of 1998, under Sections 307, 323 and 452 of I.P.C., P.S. Rudrapur, District Udham Singh Nagar, pending in the court of Sessions Judge, Udham Singh Nagar, from the court of Sessions Judge, Udham Singh Nagar to the court of Sessions Judge, Nainital. Accordingly, Sessions Trial No. 34 of 2005, State vs. Sunil Chauhan, arising out of Case Crime No. 305 of 1998, under Sections 307, 323 and 452 of I.P.C., P.S. Rudrapur, District Udham Singh Nagar, pending in the court of Sessions Judge, Udham Singh Nagar, is transferred from the court of Sessions Judge, Udham Singh Nagar to the court of Sessions Judge, Nainital. Application is accordingly disposed of. (B. C. Kandpal, J.) SP 3