The High Court dismissed a transfer application wherein the applicant sought transfer of a criminal caseMathura to Kanpur Nagar. The court held that a relative of a party being a practicing lawyer in the district does not establish influence on proceedings without supporting material.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 334 of 2018
Applicant :- Manish Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lok Nath Shukla,Raj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record.
This transfer application has been moved by the applicant with a prayer to allow the instant application and the Case No.1562/10 of 2014 (State vs. Manish Srivastava and others), arising out of Case Crime No.327/13 under Sections-498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station-Sadar Bazar, District-Mathura pending in the Court of A.C.J.M.-2 Mathura, be transferred to any competent court of Kanpur Nagar.
After description of the case involved in this transfer application, the centre point of contention submitted by the learned counsel for the applicant is based on the fact that sister of respondent no.2 is practising lawyer in District-Mathura and she is exercising pressure and extending threat to the applicant and on 7.12.2017 the applicant was abused by her.
The submissions so raised above cannot constitute a valid ground of transfer, for the reason that relative of the party happens to be a practising counsel in the concerned district court. That by itself would not establish fact that the advocate who is relative of the party practising in the concerned district court is influencing the proceeding of the court.
Therefore, the contention raised cannot be sustained on its merit unless it is substantiated by supporting material.
For the reasons stated aforesaid, this transfer application lacks merit and the same is dismissed .
Order Date :- 23.8.2018 S Rawat
1 issue framed by the court
Whether the sister of the respondent no.2 being a practising lawyer in the district court constitutes valid ground for transfer.
Manish Kumar
Arvind Kumar Mishra
As recorded by the court registry
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