GHANSHYAM PANDEY v. STATE OF U.P. THRU. THE SECY. HOME, LKO. AND OTHERS
/6022/2024 · 2025-12-08
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190242 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6022 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard Sri Yogesh Kesarwani as well as Sri Dharmendra Kumar Bhatt, learned counsel for the applicant and learned A.G.A. for the State. 2. This application has been filed with the following prayer:-
"(i) To issue necessary direction to the Chief Judicial Magistrate, Gonda to send the record of the Crime No. 73/93, P.S.- Pachperwa, (now) Distt. Balrampur for initiating the trial of the present applicant there in lawful manner. It is also prayed that during the pendency of the present application the Opp. Party No. 2 may kindly be restrained from taking coercive action against the applicant relating to aforesaid case."
3. Learned counsel for the applicant submits that the applicant was falsely implicated in Case Crime No.73 of 1993 u/s 394, 302 I.P.C., Police Station- Pachperwa, District- Balrampur (erstwhile District Gonda). Thereafter, the charge-sheet was submitted, on which, cognizance was taken by learned Chief Judicial Magistrate, Gonda on 16.12.1997, but the case was not committed to the Court of Sessions. In the meantime, District Gonda was reorganized and new District Balrampur was created, and then Police Station Pachperwa comes under the jurisdiction of District Balrampur. Versus Counsel for Applicant(s) : Yogesh Kesarwani, Dharmendra Kumar Bhatt Counsel for Opposite Party(s) : G.A. Ghanshyam Pandey .....Applicant(s) State Of U.P. Thru. The Secy. Home, Lko. And Others .....Opposite Party(s)
It is further submitted that earlier, the case was sent to the Balrampur Judgeship, but learned Chief Judicial Magistrate, Balrampur sent back the paper book with the observation that on 19.12.2012, an order was passed by learned Chief Judicial Magistrate, Gonda for transferring case to Balrampur Judgeship. The order-sheet reveals that on 19.02.2013, learned Chief Judicial Magistrate, Gonda observed that due to some objections raised by learned Chief Judicial Magistrate, Balrampur, the paper book was again sent back and it was also observed that objections be removed, after that, the paper book be sent to the Court of Chief Judicial Magistrate, Balrampur. It is lastly submitted that the record of the case in question is not being sent to Balrampur Judgeship, hence, indulgence of this Court is required. 4. Learned A.G.A. does not contradict the submissions of the applicant's counsel. 5.
Considering the submissions of learned counsel for the parties and going through the contents of the pleading as well as relevant record, it is evident that the Police Station Pachperwa comes under the jurisdiction of District Balrampur, and after investigation, the charge-sheet was submitted in the Court of Chief Judicial Magistrate, Gonda prior to reorganization of districts and presently, the record is lying with the Gonda Judgeship. Therefore, District and Sessions Judge, Gonda is hereby directed to ensure that the relevant record be sent to Balrampur Judgeship by Chief Judicial Magistrate, Gonda, forthwith. 6. With the above directions, the application is disposed of. December 8, 2025 Arpan A482 No. 6022 of 2024 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench