Allowed

Dr. Harendra Sharma and 2 Others v. State of U.P. and Another

Allahabad HC29 Nov 2021TACR/528/2018

Case brief

AI extract

What is this about?

In a transfer application under Section 482 Cr.P.C., the court transferred a criminal case from the Chief Judicial Magistrate, Agra, to the District Judge, Gautam Budh Nagar, due to apprehensions of tampering and bias by local advocates and parties involved in prior criminal incidents.

What did the court decide?

Transfer of case no. 45341 of 2018, State Vs. H.S.Bairagi from C.J.M. Agra to District Judge, Gautam Budh Nagar.

Dr. Harendra Sharma and 2 Others Vs State… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 87

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 528 of 2018 Applicant :- Dr. Harendra Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.,Lavesh Sharma,Ravindra Sharma Hon'ble Mrs. Sadhna Rani (Thakur),J.

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This transfer application has been filed by the applicants Dr. Harendra Sharma, Dr.Abhipray Sharma and Dr. Anurag Sharma against Sri Ashutosh Shrotia to transfer the case no. 45341 of 2018, State Vs. H.S.Bairagi and others, case crime no. 1004 of 2018 under sections 307, 504 I.P.C. and 7 Criminal Law Amendment Act, police station New Agra, District Agra pending before the Chief Judicial Magistrate, Agra to some other District.

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The ground in support of the affidavit are that the applicants are the Directors of the Institution known as IIMT Group of colleges and hospital Agra and running this institution since 29 years at Agra peacefully. The certain bad element groups are residing adjacent to the aforesaid institution and hospital and they are unnecessarily creating hindrance in the peaceful functioning of the institution. The bad element of advocates are also indulged in criminal activities. Bar Association of India has suo moto taken cognizance against him vide order dated 3.8.2017 debarring the Advocate Ashutosh Shrotia from practice. He is running a criminal gang of Mafias in District Agra. In the court premise, he has committed so many incidents. There is criminal history of 6 cases against him shown in the application and the F.I.Rs and charge-sheets in this regard have been filed with the transfer application. On 19.11.2017 Ashotosh Shrotia along with 3 unknown persons committed extortion and forcefully snatched the gold chain, watch and cash of Rs. 35,000/- from the applicant Anurag Sharma. In this regard case crime no. 1110 of 2017 was registered. The advocates also pressurized him to withdraw the case and when the applicants refused to do so, then Ashutosh Shrotia and Rajiv Kumar Singh having influence over the local police got registered a counterblast first information report in case crime no. 1111 of 2017 on the basis of false and concocted allegations. The applicants approached this court by way of filing application (u/s 482 Cr.P.C.), the proceedings of case crime no. 1111 of 2017 were stayed. When they failed in their ulterior objects, then Rajiv Kumar Singh, a friend of Advocate Ashutosh Shrotia lodged another first information report as case no. 1124 of 2017, under section 388 I.P.C. against relative of the applicants Mohan Dixit in police station New Agra District Agra. When in this case no. 1124 of 2017, Mohan Dixit

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appeared in the court, the father of the applicants was there to do pairvi in the case, Ashutosh Shrotia along with some advocates brutally beat the applicants' father in the court premise. His father sustained grievous injuries and he became unconscious. He was taken to the police station and from there he was sent to Synergy Plus hospital and then to Delhi for better treatment. This incident has been recorded in CCTV camera of the court and police station concerned. After this incident, using his influence the opp. party no. 2 Ashutosh Shrotia, Advocate, got the cross first information report lodged at case crime no. 1004 of 2018 under sections 307, 504 I.P.C. and 7 Criminal Law Amendment Act on 12.9.2018 and without any criminal evidence charge sheet has been submitted in case no. 1004 of 2018. As Ashutosh Shrotia is an Advocate, in the above case advocates refused to file vakalatnama on behalf of the applicants. The court below fixed several dates but the bail application could not be disposed of, hence, the applicants have strong apprehension that the assailant advocates will tamper the court proceedings in district court Agra and they will not be able to get fair and impartial justice from there. Hence, the prayer is made for transfer the aforesaid case from the court of C.J.M. Agra to some other district.

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Counter affidavit has been filed by the opp. party and has been mentioned therein that the applicants and his father are hard core criminals and mafias in disguise of medical practitioners. Criminal history of the applicant Abhipray Sharma is mentioned at page 18 of the counter affidavit which shows 13 cases against him. It is submitted that the order of debarring the opp. party no. 2 by the Bar Council of India has been withdrawn and that was the separate matter which has no connection with the applicants. The first information report in case crime no. 1110 of 2017 against the deponent under section 395, 504, 506, 341, 352, 323 I.P.C. is false case and the police filed charge sheet only under section 504 I.P.C. therein which on reaching the Circle Officer's office was withheld and police is most likely to go to submit final report. The applicants and their gang mates committed a daring crime with Rajiv Singh for which first information report in case crime no. 1124 of 2017 was lodged and in that case charge sheet was filed against Mohan Dixit. The deponent's brother and accused Dr. Harendra Sharma had some altercation over the parking in civil court premise wherein Dr. Harendra Sharma misbehaved the deponent's brother, so they went to police station New Agra. As soon as they reached at the police station accused Surendra Sharma who was waiting in the car with his armed sons and others started hurling abuses and Abhipray Sharma fired upon the deponent from his pistol wherein he was arrested with pistol and the crime no. 1111 of

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2017 was registered against him. Dr. Harendra Sharma did not receive any injury at the hands of the deponent or his brother. As they belong to Doctors' family and are interstate mafias in the medical arena with strong political back and have relations with Chief Minister and Deputy Chief Minister e.t.c., they used to get prepare their false medical reports from various districts like Jaunpur, Allahabad and Agra. This shows that these doctors' family has made their life miserable and if they can shoot at the gate of police station, they can do anything with them. So it is said that not the applicants rather they are afraid of the illegal acts of the applicants and so the transfer application is hereby opposed.

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Previously case crime no. 1007 of 2018 State Vs. Abhipray Sharma is said to have been transferred by a coordinate bench of this court from Agra to Noida. This order along with file has been produced before me wherein the officer concerned has mentioned that in support of the allegations mentioned in the transfer application that Ashutosh Shrotia who is practicing advocate in district Agra in civil court along with his associates assaulted Mohan Dixit in the court of C.J.M. Agra, who is close relative of the applicants. The report was lodged before the police station. In relation to that a report of District Judge, Agra was summoned by the Court wherein it was found mentioning in the report that the Bar Council of India has taken disciplinary proceedings against Ashutosh Shrotia vide order dated 3.8.2017 debarring him from practice for 5 years. However, it is admitted fact that this order of debarring Ashutosh Shrotia from practice has been recalled. Both the parties keep on filing criminal cases against each other. If their cases remained pending in the court of Agra, there may be possibility of committal of more crimes by both the parties, hence, I found it appropriate to transfer the case from Agra to some other district.

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Let the case no. 45341 of 2018, State Vs. H.S.Bairagi and others, case crime no. 1004 of 2018 under sections 307, 504 I.P.C. and 7 Criminal Law Amendment Act, police station New Agra, District Agra pending before the Chief Judicial Magistrate, Agra be transferred to district Gautam Budh Nagar. The District Judge, Noida is directed to assign the aforesaid case to the appropriate court.

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Parties shall appear before the District Judge, Gautam Budh Nagar on 20.12.2021 for necessary instructions.

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Transfer application is allowed.

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Order Date :- 29.11.2021/Gss

Dr. Harendra Sharma and 2 Others v. State of U.P. and Another

Case brief

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Dr. Harendra Sharma and 2 Others v. State of U.P. and Another

Case brief

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