Sheeshpal Vs State of Up and 2 Others — Allahabad HC (2024) — LawSathi Research

Sheeshpal Vs State of Up and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings of F.R. No. 473 of 2024 (Shishpal Vs. Mohit) under Sections 363, 368 IPC, Police Station Chola, District Bulandshahar transferred from the Court of Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Court No. 4, Bulandshahar to the senior most Court of Addl. Chief Judicial Magistrate, Bulandshahar; transfer application stands disposed of accordingly.

Issue for consideration

Whether the proceedings of F.R. No. 473 of 2024 (Shishpal Vs. Mohit) under Sections 363, 368 IPC pending before the Court of Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Court No. 4, Bulandshahar should be transferred to another competent court in the same Sessions Division on the grounds of alleged influence and pressure by accused opposite parties no. 2 and 3 and an apparent cutting/manipulation in the order-sheet of the trial court.

Court's answer

There appears to be an apparent cutting in the order-sheet in the date fixed by the court, which may prejudice the applicant/informant who is waiting for disposal of his protest petition filed against the final report.

Ratio / Principle

In the interest of justice, the proceedings of F.R. No. 473 of 2024 (Shishpal Vs. Mohit) under Sections 363, 368 IPC are transferred from the Court of Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Court No. 4, Bulandshahar to the senior most Court of Addl. Chief Judicial Magistrate, Bulandshahar.

Detailed headnote1 paragraphs

Transfer of criminal proceedings — S. 407 Cr.P.C. — transfer of proceedings of F.R. No. 473 of 2024 (Shishpal Vs. Mohit) under Sections 363, 368 IPC, P.S. Chola, District Bulandshahar, from the Court of Addl. Civil Judge (S.D.)/Addl. Chief Judicial Magistrate, Court No. 4, Bulandshahar — applicant/informant alleged that influential accused opposite parties no. 2 and 3 succeeded in getting a final report submitted and were pressurising and threatening him after he filed a protest petition, and that the order-sheet of the trial court bore an apparent cutting by which the date already fixed was changed — earlier transfer application on the same ground rejected by the Chief Judicial Magistrate, Bulandshahar by order dated 27.5.2024 — Held: there is an apparent cutting in the order-sheet in the date fixed by the court which may prejudice the applicant/informant awaiting disposal of his protest petition against the final report; in the interest of justice, proceedings transferred to the senior most Court of Addl. Chief Judicial Magistrate, Bulandshahar — transfer application disposed of accordingly.

Neutral Citation No. - 2024:AHC:107241

Court No. - 86

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 373 of 2024

Applicant :- Sheeshpal Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Aditya Vardhan Singh,Nikil Pathak,Sunil Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This transfer application under section 407 Cr.P.C. has been filed by the applicant with a prayer to transfer the proceedings of F.R.No.473 of 2024 (Shishpal Vs. Mohit) under Sections 363, 368 IPC, Police Station Chola, District Bulandshahar pending in the Court of Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Court No.4 Bulandshahar to any other Court in the same Sessions Division.

It is submitted by the learned counsel for the applicant that the opposite parties no.2 and 3, who are the accused persons in the aforesaid case, are very influential persons and using their influence upon the police, they succeeded in submitting a final report in the aforesaid matter and when the protest petition was filed by the applicant/informant, they are making all efforts to pressurize the applicant. They are openly threatening that the case will be decided in their favour. It is also submitted that the opposite parties no.2 and 3 have also manipulated the order-sheet of the court's record and cutting has been made upon the date already fixed by the court and the date was changed. It is also submitted that a transfer application on this ground was moved before the Chief Judicial Magistrate, Bulandshahar by the applicant, but the same was rejected and the learned Chief Judicial Magistrate erroneously mentioned in the impugned order dated 27.5.2024 that no evidence has been adduced by the applicant in support of his contentions in the transfer application whereas the record of the case wherein cutting was made in the order-sheet and the date fixed was already available before the Chief Judicial Magistrate, Bulandshahar. On these grounds, prayer has been made

to transfer the aforesaid case from the aforesaid court to any other competent court in the same Sessions Division.

Per contra, learned A.G.A. opposed the prayer.

There appears to be an apparent cutting in the order-sheet in the date fixed by the court which undoubtedly may prejudice the applicant/informant of this case, who is waiting for the disposal of his protest petition filed against the final report.

In view of the above and in the interest of justice, let the proceedings of F.R.No.473 of 2024 (Shishpal Vs. Mohit) under Sections 363, 368 IPC, Police Station Chola, District Bulandshahar be transferred from the Court of Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Court No.4 Bulandshahar to the senior most Court of Addl. Chief Judicial Magistrate, Bulandshahar.

The transfer application stands disposed of accordingly.

Order Date :- 2.7.2024 ss

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad