Neutral Citation No. - 2025:AHC:21837 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13722 of 2024 Petitioner :- Dheeraj Kumar Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tripathi,Akhilesh Kumar Mishra,Rishabh Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Kali Shankar Tiwari, Advocate holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition has been preferred seeking the following relief:- "I. to set aside the impugned order dated 13.09.2024 passed by Sessions Judge, Jaunpur passed in Criminal Misc. Case No. 135 of 2024 (Dheeraj Kumar Pal Vs. State of U.P. and others) (Annexure no.1) by which the application No.3-Ka filed by petitioner seeking transfer of Misc. Case No. 406 of 2024 (Dheeraj Kumar Vs. State) has been rejected." 3. It is the case of the petitioner that he preferred transfer application before the learned Session Judge, Jaunpur but the same has been registered as Criminal Misc. Case No. 135 of 2024 (Dheeraj Kumar Pal Vs. State of U.P. and others). While deciding transfer application preferred at the behest of the petitioner, learned Session Judge, Jaunpur returned with the finding that the learned Chief Judicial Magistrate concerned has already proceeded for maternity leave for six months and as such no proceeding in Case No. 406 of 2024 is possible for next six months. Since cases wherein serious nature is involved specifically in shape of section 302 I.P.C. is assigned to only learned Chief Judicial Magistrate. 4. On the basis of above reasoning, transfer application preferred by the petitioner has been rejected vide order dated 13.09.2024. Being aggrieved with the order dated 13.09.2024, the petitioner preferred instant petition for challenging the same. 5. The reasoning mentioned in the order dated 13.09.2024 is quite surprising, if the learned Chief Judicial Magistrate has already proceeded on maternity leave, then there must be another learned Judicial Magistrate up to the rank of learned Additional Chief Judicial Magistrate might having charge of learned Chief Judicial Magistrate and as such the process for dispensation of justice cannot be stopped only at the behest of proceeding one Judicial Officer on maternity leave. 6. In view of the aforementioned facts and circumstances, learned District Judge, Jaunpur is hereby directed to reconsider the transfer application/Criminal Misc. Case No. 135 of 2024 a fresh by way of assigning charge of learned Chief Judicial Magistrate to any next incumbent, if already not given. 7. The writ petition stands disposed of accordingly. Order Date :- 14.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad