C407/30/2023 of PRABHAT KUMAR SAHNI Vs STATE OF UTTARAKHAND on 21 August 2026

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS

UKHC010161012023 C407/30/2023

Prabhat Kumar Sahni --Applicant Versus State Of Uttarakhand and Another --Respondents

Hon'ble Siddhartha Sah, J.

Mr. Kanti Ram Sharma, learned counsel holding brief of Mr. Yogesh Upadhyay, learned counsel for the applicant.

Mr. Rakesh Kumar Joshi, learned AGA for the State.

Mr. Ketan Joshi, learned counsel with Mr. Hemant Singh Mahra, learned counsel for the respondent no.2

2. By means of the present transfer application, the applicant has sought transfer of Criminal Revision No. 92 of 2023, ‘Amit Kumar Brahmesh vs. State and Another’, pending in the court of 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar to the court of competent jurisdiction of District Headquarters, Rudrapur, Udham Singh Nagar or at any other District where the Court deems fit and proper.

3. The only ground for seeking the transfer is that the respondent no.2, who is the complainant, is a practicing Advocate in Kashipur and no local Advocate is ready to appear for the applicant in the proceedings

of the Criminal Revision. It is further the ground agitated in the transfer application that the respondent no.2, in company with other Advocates of Kashipur court, are against the applicant, hence they would not permit outside counsel to appear for the applicant in the revisional court, rather they would make nuisance.

4. During the course of the hearing, when the Court was contemplating the transfer on merits, the learned counsel for the parties are ad idem that the aforesaid Criminal Revision No. 92 of 2023, ‘Amit Kumar Brahmesh vs. State and another’, which is presently pending in the court of 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar be transferred to a court of competent jurisdiction at District Headquarters, Rudrapur.

5. With the consent of learned counsel for the parties, the Criminal Revision No. 92 of 2023, ‘Amit Kumar Brahmesh vs. State and Another’ is transferred from the court of 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar to the court of Sessions Judge, Udham Singh Nagar at Rudrapur.

6. With the aforesaid direction, the transfer application is disposed of."

(Siddhartha Sah, J.) JKJ/ 21-08-2026