Disposed

Sunil Kumar Sharma v. State of U.P. and 2 Others

Allahabad HC13 Sept 2018TACR/368/2018

Case brief

AI extract

What is this about?

Application seeking transfer of a Section 304-A IPC case from Mathura to Ghaziabad due to alleged pressure by a Priest/Mahant to withdraw the case. The court held the matter should be redressed before the lower court as the alleged influencer was not named in the application. Disposed without transfer.

What did the court decide?

Application disposed of without order of transfer; applicant directed to approach the court below.

Sunil Kumar Sharma Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 42

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 368 of 2018 Applicant :- Sunil Kumar Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as Sri Arum Kumar, learned counsel for the respondent no.3 and learned A.G.A. for the State.

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The transfer application has been moved on behalf of the applicant to transfer the Complaint Case no.853 of 2017 (Sunil Vs. Electricity Board), under Section 304-A IPC, Police Station Govind Nagar, District Mathura, pending the court of Chief Judicial Magistrate, Mathura to competent court in district court, Ghaziabad.

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The ground urged before this Court by the learned counsel for the applicant is that brother of applicant was died due to fall of electricity wire in Krishna Janmbhumi Mandir, Mathura. For this incident, applicant lodged F.I.R. on 31.08.2016 in Case Crime No.0488 of 2016, under Section 304A IPC, Police StationGovind Nagar, District Mathura. The Investigating Officer without recording evidence of any eye-witnesses under the influence of priest/Mahant of Krishna Janmbhumi Mandir, Mathura filed final report on 02.04.2017, wherein applicant has filed protest petition against the final report no.1/2007 dated 02.04.2017 on 05.08.2017. After hearing the protest petition, court below has accepted the protest petition and

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register the case as complaint case vide his order dated 01.11.2017 passed by Chief Judicial Magistrate, Mathura. However, during the course of investigation, priest/Mahant of Krishna Janmbhumi Mandi, Mathura extended threat to live to applicant.

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Sri Arun Kumar, learned counsel for respondent no.3 did not oppose the prayer for transfer application.

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Also heard the learned A.G.A.

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In so far as present case is concerned, obviously, proceedings are confined to Section 304-A IPC and the root cause for transferring the case is that some priest/Mahant of Krishna Janmbhumi Mandir, Mathura, is exerting pressure upon the applicant for withdrawing the case. It is pertinent to mention that name of priest/Mahant of Krishna Janmbhumi Mandir, Mathura, who exerted pressure upon the applicant, has not been mentioned in the array of opposite party no.2. Similarily, no name of any priest/Mahant of Krishna Janmbhumi Mandir, Mathura has been described in the affidavit to this application.

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In this view of the matter, it would not be feasible to straightway to accede to the demand of the applicant for transfer of the case as applicant has got better remedy to approach the court below for redressal of his grievance, in case, any pressure is applied for withdrawing the case by anyone concerned. In view of above, this applicants is finally disposed of.

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Order Date :- 13.9.2018/Raj

Sunil Kumar Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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