Allahabad High Court
Nishar Ali vs State Of U.P. And Another on 11 December, 2019
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 408 of 2019 Applicant :- Nishar Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Srivastava,Mohd. Afzal Ansari Counsel for Opposite Party :- G.A.,Avinash Pandey Hon'ble Harsh Kumar,J.
Heard Sri Mohd. Afzal Ansari, learned counsel for applicant, learned AGA for the State and perused the record.
The instant application has been moved for transferring the Sessions Trial No.102 of 2014 (State Vs. Jishan and others), under sections 147, 148, 452, 307, 504, 506 IPC, P.S. Deoband, District Saharanpur pending in the Court of Additional District Judge, Deoband, District Saharanpur to any other Court in judgeship of District Saharanpur.
Learned counsel for applicant contends that applicant is one of the accused in S.T. No.102 of 2014 pending in the Court of Additional Sessions Judge, Deoband, District Saharanpur; that applicant moved an application stating that first informant of the case Noor Ali is openly threatening in village that he will get the accused persons convicted as he has done setting with Presiding Offier and apart from which (i) he has also sold 06 bighas agricultural land to Israr and (ii) has been acquitted in another case by the same Presiding Officer, hence there is strong apprehension in the mind of accused that fair trial will not be done by the Presiding Officer of the Court and he will be convicted; that applicant moved transfer application before Sessions Judge, Saharanpur under section 408 Cr.P.C. which has been rejected by Sessions Judge, Saharanpur vide order dated 9.8.2019 (Annexure No.5).
Per contra, learned AGA and learned counsel for opposite party no.2 submitted that transfer application has been moved with false and incorrect allegations and malafide intentions to delay the disposal of trial, which is at the stage of conclusion, after completion of evidence of parties and even part arguments have also been heard; that Trial Court was directed to decide the trial expeditiously vide order dated 24.5.2018 passed by this Court at the time of granting bail to applicant Nishar Ali, who is one of the 06 accused; that opposite party no.2 has neither sold his land as mentioned in transfer application, nor has any setting with Presiding Officer of the Court nor is threatening openly or secretly of ascertaining conviction of accused persons; that the apprehension of applicant or accused-persons about conviction is baseless and it appears that since they have committed offence, so they are apprehensive of probable conviction by any court; that as per copy of F.I.R. filed at Annexure No.1, applicant is one of the 06 accused-persons and has no locus standi to move transfer application for on behalf of other 05 accused persons and the trial may not be transferred in piecemeal.
Upon hearing parties counsel and perusal of record, I find that allegations made by applicant are not supported by any evidence and as per comments of Presiding Officer concerned called by Sessions Judge, allegations are false. It is highly improbable that any same person even if manages any setting with Presiding Officer of the Court, he will let the rival party know about alleged setting, what to say of threatening openly. The allegations made appears to be incorrect on its face. Moreover, application by one of the 06 accused-persons for transfer is also legally not maintainable, as the trial may not be transferred in piecemeal to the extent of 1/6. The application has no force, is devoid of merits and is liable to be dismissed.
The transfer application is dismissed, accordingly.
Interim order, if any, stands vacated.
Order Date :- 11.12.2019 Tamang