Single judge dismissed the transfer application as devoid of merit, holding that personal inconvenience is not sufficient ground for transferring criminal proceedings from Moradabad to Sambhal given the short distance and connectivity.
Transfer application dismissed; no order on the merits of the underlying case.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 322 of 2018
Applicant :- Hari @ Harish Kumar Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vidya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The transfer application has been moved on behalf of the applicant to transfer the S.S.T. No.928 of 2015 (State vs. Hari @ Harish Kumar) arising out of Case Crime No.440 of 2014, under Sections 354D, 504, 506 IPC and 7/8 PASCO Act, Police StationChandausi, District Sambhal, pending in the court of Additional District and Sessions Judge, court no.10, Moradabad to District Court, Sambhal.
It has been submitted by learned counsel for the applicant that both- applicant and respondent no.2- are resident of District- Sambhal within Police Station- Chandausi and both parties face personal inconvenience in contesting the case at District- Moradabad where the proceedings is pending.
Learned A.G.A. has vehemently opposed the the prayer and stated that mere personal inconvenience cannot be worthy ground for transfer of a case.
Mere personal inconvenience, as claimed by the applicant and averred under paragraph-7 of the affidavit, would not constitute a valid ground for transfer because there is no hardship brought before the court, which may justify interference at this stage. Judicial notice of fact can be taken that Sambhal and Moradabad are linked with both roadways and Railways and the distance
between district headquarters would hardly be a 50 kilometres.
In view of above, the claim that personal inconvenience is cause to the applicant in contesting the aforesaid case is not sustainable.
This Court, under the facts and circumstances of the case, does not find that the ground urged by the applicant is sufficient to indulge interference and to transfer this case from the present court to another court.
Consequently, the present transfer application is devoid of merit and the same is hereby dismissed.
However, observation so made shall not touch the merit of the case.
Order Date :- 24.8.2018
Raj
1 issue framed by the court
Whether personal inconvenience constitutes valid ground for transfer of criminal proceedings to a nearby district court.
Hari @ Harish Kumar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
