Dr. Mohammad Akmal Vs State of U.P. and Another

Court No. - 77

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 69 of 2021

Applicant :- Dr. Mohammad Akmal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamim Ahmad Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard counsel for the applicant.

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The present application has been filed seeking transfer of Case No. 504 of 2020, Smt. Kausar Parveen Vs. Dr. Mohammad Akmal, under Section 125 Cr.P.C., P.S. Rajghat, District Gorakhpur pending in the Court of Principal Judge, Family Court, Gorakhpur to District Court Mau.

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The contention of the counsel for the applicant is that the said case was filed by the applicant for restitution of conjugal rights and subsequently, the opposite party no. 2 filed an application under Section 125 Cr.P.C., which is said to be pending.

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The present application has been filed purporting to be under Section 407 Cr.P.C. merely on the ground that the sister and father of the opposite party no. 2 are practicing advocate in Civil Court, Gorakhpur and whenever he comes to Gorakhpur, there is an apprehension of threat to his life. The other ground is that the father and mother of the applicant are unwell and old.

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On consideration of the submissions made, it is clear that none of the grounds exist to form an opinion that on account of these two grounds, there is any apprehension of impartial trial. No case is made out for interference for transfer.

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The transfer application is devoid of merits and is rejected.

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Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.

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Order Date :- 7.6.2021 S. Rahman

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Digitally signed by Justice Pankaj Bhatia Date: 2021.06.09 10:52:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Dr. Mohammad Akmal v. State of U.P. and Another

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Dr. Mohammad Akmal v. State of U.P. and Another

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