Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 130 of 2019
Applicant :- Smt. Sheela Mishra And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Dileep Kumar Mishra,Ramanuj Tripathi
Counsel for Opposite Party :- G.A.,Avdhesh Kumar Tiwari,Rajesh Kumar Dubey
Hon'ble Ram Krishna Gautam,J.
This application under Section 407 Cr.P.C. has been filed by applicants with a prayer for getting Criminal Case No. 3851 of 2017 (State Vs. Smt. Sheela Mishra and others), arising out of Case Crime No. 856 of 2017, under Sections 323, 504, 506 I.P.C., Police Station Dhoomanganj, District Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 7, Allahabad, transferred to any other nearest district. Learned counsel for applicants argued that applicants are accused in above criminal case, which was got registered by their neighbours. When they appeared before above court at Allahabad judgeship, opposite party, including her advocate and other advocates, did scuffle with them. They made a report, which was got lodged as Case Crime No. 999 of 2018, under Sections 323, 504, 506 I.P.C. at Police Station Colonelganj, District Allahabad on 27.12.2018, wherein a report about CCTV footage covering alleged scuffle has been mentioned, hence for the end of justice and convenience to accused persons for getting a fair trial, this case be transferred to some other nearest district.
Learned counsel for opposite party no. 2 vehemently opposed this application with contention that the alleged counter blast report was with false fact. An information under Right to Information Act has been obtained and annexed with affidavit of counter, wherein it is apparent that no application for going through CCTV footage of Civil Court, Allahabad was ever moved by anyone. Hence, once this CCTV footage was not seen by anyone, how this finding was written by police personnel about any scuffle recorded in CCTV footage. No such insecurity ever occurred. Opposite party no. 2 is a practicing lawyer at Allahabad. Her younger brother is also a lawyer and they will remain lawyers, wherever file goes under transfer. This ground is merely a ground for getting this file transferred. Hence, this be rejected.
Neutral Citation No. - 2019:AHC:147515
1
Learned A.G.A. also vehemently opposed the aforesaid prayer. Admittedly, both sides are residents of one locality. A case is pending in between at Civil Court, Allahabad. Opposite party no. 2 and her younger brother are advocates at Civil Court, Allahabad. This has been averred on oath that some scuffle occurred in civil court premises on the date of above case. An information under Right to Information Act can never be presented in a judicial proceeding because the same is of no importance in any judicial proceeding that is merely an information given under above Act. Right to fair trial is a fundamental right guaranteed under Article 21 of the Constitution. Convenience to accused as well as right to fair trial permits transfer of this case.
Accordingly, this application is allowed.
Criminal Case No. 3851 of 2017 (State vs. Smt. Sheela Mishra and others), arising out of Case Crime No. 856 of 2017, under Sections 323, 504, 506 I.P.C., Police Station Dhoomanganj, District Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Allahabad is being transferred to Court of Chief Judicial Magistrate, Pratapgarh, who may either made trial by himself or by any Magistrate of competent jurisdiction.
The Court at Allahabad shall ensure immediate transmission of record to the District Judgship Pratapgarh.
Order Date :- 13.9.2019
NS
2