Ram Nath and Anr. v. Smt. Bhawana
Case brief
What is this about?
Applications sought transfer of a criminal case from Etah to Firozabad citing applicant disability and missing co-accused. The court rejected the transfer application, noting insufficient merit, but directed the trial court to conclude the trial expeditiously within eight months.
What did the court decide?
Transfer application rejected. Trial directed to conclude within eight months.
What the court decided
A compact analysis
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. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 51 of 2020
Applicant :- Ram Nath And Anr. Opposite Party :- Smt. Bhawana Counsel for Applicant :- Deepak Kumar Pandey
Hon'ble Bachchoo Lal,J.
Learned counsel for the applicants is permitted to implead the State as opp. party in this transfer application.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This transfer application has been moved to transfer the proceedings of complaint case no. 1854 of 2008 (new number 582 of 2016) bearing CNR no. UPET060036252016 ( Bhavna Vs. Ajay and Others) under sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act police station Kotwali District Etah pending in the court of Civil Judge (JD)/JM, Etah to another competent court at district Firozabad or a direction may be issued for expeditious disposal of the case.
It is contended by learned counsel for the applicants that the applicant nos. 1 and 2 are old persons aged about 72 and 61 years respectively. The applicants are residing in Delhi. The applicant no. 1 due to fracture in his femur, rod has been transplanted, therefore, it is very difficult to the applicant no. 1 to travel from Delhi to Etah. He could not move without support. It has been further submitted that the marriage of the son of the applicants namely Ajay Kumar was solemnized with the opp. party no. 1. The whereabouts of Ajay Kumar is not known, he is missing for four years. N.B.W. has been issued against him by the trial court. Due to his non appearance the case could not be concluded. It has been further prayed that the aforementioned case be transferred from Etah to any other competent court at District Firozabad.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings under sections 498-A, 504, 506 I.P.C. should be transferred from Etah to Firozabad due to the age and health of the applicants.
Whether the trial court should be directed to conclude the pending trial expeditiously without unnecessary adjournments.
Parties & counsel
- applicant
Ram Nath And Anr.
Coram
Bachchoo Lal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- TACR/51/2020
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