Smt Azra Parveen v. State of Up 4 Others

Neutral Citation No. - 2024:AHC:157761

Court No. - 86

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 87 of 2024

Applicant :- Smt Azra Parveen Opposite Party :- State Of Up 4 Others Counsel for Applicant :- Akhilesh Kumar Tiwari,Mohd Abdul Moid Counsel for Opposite Party :- G.A.,Neeraj Srivastava

Hon'ble Nalin Kumar Srivastava,J.

1. This application has been filed under Section 407 Cr.P.C. seeking transfer of Criminal Case No. 3948 of 2007, under Sections 323, 504, 506 IPC, P.S. Kotwali Shahr District Bijnor, pending before the Court of Additional Chief Judicial Magistrate, Court No.1, Bijnor to the Competent Court at District Gautam Budh Nagar.

1. Heard learned counsel for the applicant, learned counsel for the opposite party nos. 2 to 5 as well as the learned AGA.

1. It is submitted by the learned counsel for the applicant that opposite party no.5, who is also the relative of opposite party no.2, is a practicing Advocate at District Bijnor and he makes a lot of nuisance and under his influence no counsel at district Bijnor is ready to do the pairvi of the case of the applicant. He has influence upon the Courts also. He makes pressure upon the witnesses to change the statement in favour of the opposite party nos.2 to 5. The applicant has a genuine and reasonable apprehension for not getting justice from the Courts at district Bijnor. It is further submitted that the family of the applicant is living at Delhi and district Bijnor is about 180 Km. away from Delhi. It is also submitted that treatment of the applicant is going on at Delhi and she is not able to attend the proceedings at Bijnor. It is also submitted that in these facts and circumstances the applicant has now no hope of justice from the Courts at Bijnor judgeship and that is why the aforesaid transfer application has been moved before this Court.