Transfer application moved to shift a criminal trial pending in A.C.J.M. Jhansi to another district court due to alleged threats and distance. The court dismissed the application finding no grounds for transfer and rejecting claims of interference from a local lawyer.
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Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 45 of 2018
Applicant :- Azeemuddin And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Mohd. Waris Counsel for Opposite Party :- G.A.,Fakhruzzaman,Vineet Singh Chandel
Hon'ble Bachchoo Lal,J.
This transfer application has been moved on behalf of the applicants to transfer the case no. 2631 of 2016, State Vs. Azeemuddin and another, under section 494, 498-A, 506 I.P.C. and 3/4 D.P. Act, police station Raksa District Jhansi, pending in the court of A.C.J.M. Jhansi, to any other court of competent jurisdiction in any adjoining district.
Heard learned counsel for the applicants, learned counsel for the opp. party no. 2, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submitted that the applicant no.1 is husband and the applicant no. 2 is father-in-law of the opp. party no. 2. The opp. party no. 2 belongs to kasba Maudaha District Hamirpur. The father of the opp. party no. 2 was residing in town Raksa District Jhansi where he was a Munshi in Raksa Nagar Panchayat. The opp. party no. 2 lodged an F.I.R. in police station Raksa District Jhansi. In this case chargesheet was submitted against the applicants and trial is going on in the court of A.C.J.M. Jhansi. The brother of the opp. party no. 2 namely Hayazuddin is a practising lawyer in district court Jhansi. On 5.2.2019 when the applicant no. 2 was going to court, the brother and father of the opp. party no. 2 threatened to the applicant no. 2. In this regard, the applicant no. 2 has moved an application before the court concerned. District Jhansi is 350 km. away from the residence of applicants' village Maudaha district Hamirpur. The applicants are illiterate who are rustic villagers. The condition of the applicants is not good therefore, the applicants are not in position to bear the expenses of travelling.
On the other hand learned A.G.A. and learned counsel for the opp. party no. 2 argued that F.I.R. was lodged by the opp. party no. 2 on 15.7.2015 against the applicants and in that case chargesheet has been submitted on 8.6.2016. In this case only the applicant no. 2 has been bailed out. The applicant no. 1 has
not surrendered before the court concerned. It has been further submitted that neither the brother of the opp. party no. 2 nor her father threatened the applicants. False story has been concocted by the applicants. No first information report has been lodged on behalf of the applicants with regard to threatening. The opp. party no. 2 is wife of the applicant no. 1 and presently she is residing at Kasba Raksa District Jhansi. The applicants do agricultural works and they have their own agricultural land. There is no ground to transfer the aforesaid case to another court of adjoining district.
The main allegation of the applicants is that the brother and father of the opp. party no. 2 threatened the applicants. The brother of the opp. party no. 2 namely, Hayazuddin is a practising lawyer in district court Jhansi. No first information report was lodged on behalf of the applicants with regard to threatening. If the brother of the opp. party no. 2 is an advocate, then it can not be said that fair trial of the applicants could not be done. Merely on the basis of expressing suspicion it is not just and proper to transfer the case to another court of adjoining district.
Considering the facts and circumstances of the case, I do not find any ground to transfer the aforesaid case from the court of A.C.J.M. Jhansi to another court of adjoining District.
Accordingly, the present transfer application is hereby dismissed.
Order Date :- 22.1.2020 Gss
2 issues framed by the court
Whether the transfer application for the case under section 494, 498-A, 506 I.P.C. and 3/4 D.P. Act should be granted due to alleged threats and distance issues.
Whether the brothers and father of the opposite party threatened the applicants as contended by the applicants.
Azeemuddin And Anr.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
