Guddi Chaurasiya Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

Guddi Chaurasiya Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Transfer of the trial to Lucknow refused; application disposed of with directions that (i) any application by the applicant for adequate security be decided by a reasoned and speaking order by the competent authority, and (ii) the District and Sessions Judge, Barabanki look into providing adequate security to the applicant and the witnesses.

Issue for consideration

Whether the trial of Sessions Case No.1885 of 2023 ('State Vs. Rahul Chaurasiya & Ors'), arising out of Case Crime No.306/2023, should be transferred from Barabanki to Lucknow on the ground that the influential accused are threatening the applicant and obstructing the trial. +1 more

Court's answer

The transfer application is disposed of; the trial is not ordered to be transferred from Barabanki to Lucknow.

Ratio / Principle

Since charge has already been framed, if the applicant moves any application for providing adequate security, the same shall be decided by a reasoned and speaking order by the competent authority.

Key takeaways

The District and Sessions Judge, Barabanki is directed to look into the matter for providing adequate security to the applicant as well as the witnesses of the case.ratio¶¶13

Detailed headnote1 paragraphs

Mother of the deceased sought transfer of Sessions Case No.1885 of 2023 ('State Vs. Rahul Chaurasiya & Ors'), arising out of Case Crime No.306/2023 under Sections 498A, 304-B IPC and Sections 3/4 Dowry Prohibition Act, P.S. Asandra, District Barabanki, from Barabanki to Lucknow, alleging that the influential accused were threatening her not to support the prosecution and that witness statements went unrecorded on 25.7.2024 owing to a condolence proposal of the Bar Association. The State pointed out that no application had ever been moved before the trial court, the District & Sessions Judge, Barabanki, or any administrative authority for security under the Witness Protection Scheme. Holding that charge had already been framed, the High Court (Rajeev Singh, J.) disposed of the transfer application without ordering transfer, directing that any application moved by the applicant for adequate security be decided by a reasoned and speaking order by the competent authority, and further directing the District and Sessions Judge, Barabanki to look into providing adequate security to the applicant and the witnesses.

Neutral Citation No. - 2024:AHC-LKO:73740

Court No. - 13

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 96 of 2024

Applicant :- Guddi Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Prashant Agarwal Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application is filed with the prayer to transfer the Sessions Case No.1885 of 2023, 'State Vs. Rahul Chaurasiya & Ors', arising out of the Case Crime No.306/2023, under Sections 498A, 304-B I.P.C. & Section 3/4 D.P. Act, Police Station Asandra, District Barabanki.

Learned counsel for the applicant submits that marriage of the daughter of the applicant was solemnized with Rahul Chaturvedi S/o Ghanshyam Chaurasiya in the year 2019 in accordance with the Hindu rituals but after marriage, she was being victimized. He further submits that in the month of July, 2023 information was received that daughter of the applicant is no more, thereafter, written complaint was given and F.I.R. No.306/2023 under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P., Police Station Asandra, District Barabanki was lodged. He further submits that inquest as well as post mortem of body of the deceased was conducted and after detail investigation, charge sheet was submitted by the Investigating OfÏcer under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P. Act against five accused persons. He also submits that charge has already been framed against the accused persons but the threat is being given to the applicant to not support the prosecution version before the trial court. He also submits that as the accused persons are having influence in the District Court at Barabanki, as a result, due to their influence, the statement of the witnesses have not been recorded on 25.7.2024, applicant was present but her examination-in-chief was not conducted on the ground of condolence

proposal of the Bar Association. He lastly submits that all these things happened due to influence of influential persons, therefore, trial may be transferred from Barabanki to Lucknow.

Learned A.G.A. opposed the prayer of the applicant and submits that no application is ever moved before the trial court as well as District & Sessions Judge, Barabanki or any administrative authority for providing security in accordance with the Witness Protection Scheme, therefore, mere assertion made in the application cannot be a ground for transfer of trial of the case in question.

Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that charge has already been framed, therefore, it is appropriate that in case any application is moved by the applicant for providing adequate security, then same shall be decided by a reasoned and speaking order by the competent authority.

In view of the above, the present transfer application is disposed of .

District and Sessions Judge, Barabanki is also directed to look into the matter for providing adequate security to the applicant as well as witnesses of the case in question.

Order Date :- 7.11.2024 Gaurav/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench