Court dismissed a transfer application filed by a widow applicant seeking case transfer from Farrukhabad to Etawah due to alleged threats by an advocate and distance hardship. The court noted no protection application was filed and the applicant used her own transport.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 367 of 2018
Applicant :- Nisha Ojha Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Piyush Tripathi 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 Case No.1501 of 2016 (Sate Vs. Nisha Ojha) arising out of Case Crime No.386 of 2015, under Sections 452, 147, 323, 504, 506, 352 I.P.C., Police Station- Fatehgarh Kotwali, from district Farrukhabad to District Etawah or any other neighbouring district.
The ground urged before this Court by the learned counsel for the applicant is that opposite party no.2 is the sister-in-law (devrani) of applicant. He adds that husband of opposite party no.2 is the practising advocate in district- Farrukhabad and in several dates, he threatened to the applicant for dire consequences and in regard thereto an application was also moved to the Superintendent of Police, Farrukhabad on 20.03.2018, 22.03.2018 and 16.07.2018, copy whereof is annexed to the application i.e. Annexure No.2 to the application, but till today nothing has been done. He further claims that the distance between Etawah to district Farrukhabad is approximately 150 kms. due to which, the applicant being widow lady is
facing great hardship in attending the proceeding of this case in districtFarrukhabad.
Learned A.G.A. has vehemently opposed the the prayer and stated that mere apprehension and imagination cannot be worthy ground for transfer of a case and applicant has been participating in the proceeding and nonbailable warrant was also issued. He further submits that the applicant could have lodged the F.I.R., if any incident for threatening took place with her on 20.03.2018 while she was going to attend the proceedings of the court.
Considered the submissions so raised and also considered the various aspects brought to the knowledge of this Court, obviously, query has been raised to the learned counsel for the applicant as to whether any application for protection was moved before the trial court, whereupon the query was answered in the negative. However, bare perusal of the various order- sheets brought on the record vide Annexure No.3 are indicative of fact that the applicant has been participating in the proceeding of the case and no application/letter whatsoever for protection was ever moved before the trial court. If any threat has been extended to her by the informant side then application should be moved for the same before the court concerned for protection.
So far as ground of distance between Etawah an Farrukhabad is concerned, the same is not sustainable and the cause shown has no legs to
stand on because applicant has used her own car for attending the court proceedings.
For reasons aforesaid, this Court, under the facts and circumstances of the case, does not find the grounds urged to be sufficient to indulgence by this Court at this juncture. Consequently, the present transfer application is devoid of merit and the same is hereby dismissed.
Order Date :- 13.9.2018 Raj
1 issue framed by the court
Whether the apprehension of threat and distance between districts constitute sufficient grounds for transferring a criminal case.
Nisha Ojha
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
