The applicant sought transfer of a criminal case under Section 304 IPC from Kaushambi to Prayagraj citing illness and distance. The court rejected the application, finding no sufficient ground for transfer and deeming it devoid of merits.
The transfer application is rejected and any interim order stands vacated.
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Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 515 of 2022
Applicant :- Smt Asha Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Dutta Pandey,Jayant Srivastava Counsel for Opposite Party :- G.A.,Kamal Kishor Mishra,Prashant Drivedi
Hon'ble Mohd. Azhar Husain Idrisi,J.
Rejoinder affidavit has been filed today which is taken on record.
Heard Sri Rajesh Dutta Pandey, learned counsel for applicant, Sri Kamal Kishor Mishra, learned counsel for opposite party nos. 2 to 4 and learned A.G.A. for State and perused the record.
The transfer application has been moved for transferring the Case No./F.R. No. 300 of 2013, Asha Devi Vs. Sharda Prasad, arising out of case crime no. 639 of 2012, under Section 304 IPC, Police Station Saini, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi to the District Prayagraj or any other District for its competent jurisdiction.
It is submitted by the learned counsel for the applicant that the applicant had lodged an FIR against the opposite party nos. 2 to 4 on 11.10.2021 which was registered as case crime no. 639 of 2012, under Section 304 IPC, Police Station Saini, District Kaushambi. After investigation the investigating office submitted final report on 8.7.2013. After taking knowledge about the final report the applicant has filed protest petition on 14.8.2013. However till date protest petition is still pending before the Chief Judicial Magistrate, Kaushambi.
It is further submitted that applicant is widow lady aged about 41 years and the husband of the applicant was murdered in year 2012. Due to poor position and due to illness of the applicant, she is unable to go to the court at Kaushambi for doing pairvi of her case each and every date. It is further submitted that he has filed rejoinder affidavit mentioning therein that opposite party nos. 2 to 4 are having enmity with the applicant also. The applicant is a patient of cardiac arrest since 2021 and she is residing in the city Prayagraj, as such she is unable to do pairvi of her case at Kasushambi.
Per contra, learned counsel for opposite party nos. 2 to 4 and the learned A.G.A. vehemently opposed the prayer of transfer of the aforesaid case and contended that the aforesaid FIR has been lodged by the applicant after seven months of the incident on the basis of false and frivolous allegations. Investigating Officer looking to the postmortem and viscera report found that the allegations made against the opposite party nos. 2 to 4 are false, hence he has filed final report in the case. Thereafter the applicant has filed the protest petition before the learned Chief Judicial Magistrate, Kaushambi. The aforesaid protest petition was heard by the learned Chief Judicial Magistrate, Kaushambi and the same was converted into complaint case on 15.12.2022 fixing 17.1.2023 for statement of complainant. It is further contended that applicant is not a poor lady and she is suffering from some illness and taking treatment in private Hospital Heartline Cardiac Care Centre, Civilines. The applicant had come in the aforesaid hospital on 3.9.2021 and on the same day she was discharged. The applicant is living in village Saini regularly with her four sons and one daughter. The residential certificate issued on 23.2.2023 by Village Pradhan Saini has been annexed as Annexure-2 of the counter affidavit. It is also contended that applicant wants to harass the opposite party nos. 2 to 4 and she is demanding heavy money for withdrawing the aforesaid case, hence she has filed the present application. Therefore, the application has been moved by the applicant with absolutely false and incorrect allegations just to harm and harass opposite party nos. 2 to 4, and is liable to be rejected.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties, I find that learned counsel for the applicant has failed to make out any sufficient ground to transfer the aforesaid case from the court of Chief Judicial Magistrate, Kaushambi to the District Prayagraj or any other nearby District of competent jurisdiction. The application is devoid of merits and is liable to be rejected.
The transfer application is accordingly rejected.
Interim order, if any, stands vacated.
Order Date :- 7.4.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
1 issue framed by the court
Whether sufficient grounds exist to transfer a case under Section 304 IPC from the court of Chief Judicial Magistrate, Kaushambi, to another district due to the applicant's alleged illness and residen
Smt Asha Devi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
