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High Court Of ChhattisgarhTPCR/11/2016allowed

Arvind Agrawal v. State Of Chhattisgarh

2016-07-22Hon'Ble The Chief Justice2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Cr) No.11 of 2016 Arvind Agrawal S/o Shri Cheddi Lal Agrawal aged about 33 years R/o Gupta Gali Main Road Korba Tahsil and District Korba Chhattisgarh ---- Appellant

Versus

State of Chhattisgarh through District Magistrate District Korba Chhattisgarh ---- Respondent For Petitioner :

Shri Mateen Siddiqui, Advocate.

For Respondent :

Smt. Madhunisha Singh, Panel Lawyer.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 22/07/2016 1.

This is a petition for transfer of Criminal Case No.69 of 2009 (State of Chhattisgarh v. Arvind Agrawal) pending in the Court of Chief Judicial Magistrate, Korba to any other Court of Sessions Division Korba or any other place.

2.

The main ground for transfer of the criminal case is that the father of the Petitioner has made a complaint to the High Court of Chhattisgarh against the presiding officer holding the post of Chief Judicial Magistrate, Korba. This fact is correct. This Court is not going into the correctness of the allegations made by the Petitioner in his complaint against the presiding officer. However, such complaint was filed by him and he may reasonably presume that he may not get justice from this officer.

3.

Therefore, Criminal Case No.69 of 2009 (State of Chhattisgarh v. Arvind Agrawal) pending in the Court of Chief Judicial Magistrate, Korba is transferred to the Court of Second Civil Judge Class-I and Judicial Magistrate First Class, Korba. The parties are directed to appear before the said Court on 8th August, 2016. The Second Civil Judge Class-I and Judicial Magistrate First Class, Korba

is directed to ensure that the trial is concluded as early as possible and shall make an effort to dispose of Criminal Case No.69 of 2009 as early as possible and not later than 31st July, 2017.

4.

The transfer petition is allowed.

Sd/- (Deepak Gupta) Chief Justice Anu