Allahabad High Court
Manju vs State Of U.P. And 3 Ors. on 9 January, 2020
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 339 of 2019 Applicant :- Manju Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Suraj Kumar Singh,Vinod Singh and Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 340 of 2019 Applicant :- Munesh And 3 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sunil Kumar,Sunil Kumar Counsel for Opposite Party :- G.A.,Suraj Kumar Singh,Vinod Singh and Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 341 of 2019 Applicant :- Shiv Shankar Opposite Party :- State Of U.P. And 5 Ors. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Suraj Kumar Singh,Vinod Singh Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant in transfer application no. 340 of 2019 along with copy of transfer application moved by Shiv Shankar and others against Shabana Parveen wife of Sahebey Alam Advocate, opposite party no.2 for transfer of civil suit no. 311 of 2017 (Shabana Parveen Vs. Shiv Shankar @ Ashok and 5 others), is taken on record.
Heard Sri Sunil Kumar, learned counsel for applicants, Sri Vinod Singh, learned counsel for opposite party O.P. No.2 and learned A.G.A. for the State and perused the record.
These three transfer applications relates to each other and between the same parties or their relatives so are heard together are being disposed of by one and common order.
Learned counsel for applicants contends that opposite party no.2 Sahebey Alam in transfer application 339 of 2019 is a practising advocate in Civil Courts Bulandshahar who has obtained illegal sale deed from Smt. Kunta Devi, the sister-in-law of applicant Manju on 31.05.2015 though she was not owner of the property as it is acquired property of Natthi; that after obtaining the sale deed the opposite party no.2 who obtained sale deed in favour of his wife Smt. Shabana Parveen filed civil suit for permanent injunction over property against husband and family members of applicant Manju on 07.07.2017 and obtained an ex-parte injunction order; that opposite party nos. 2 to 4 of transfer application 339 of 2019 committed an incident on 14.07.2018 of which F.I.R. was lodged by applicant Manju under Section 323, 504, 506 and 354-A I.P.C., and criminal case of which is pending before the Court of C.J.M., Bulandshahar; that as a matter of counter blast opposite party no.2 filed a false complaint case against applicant and her family members, Complaint Case No. 4131 of 2018 under Section 452, 323, 504, 506, 392, 147, 148, 149 and 120B I.P.C. proceedings of which have been sought to be transferred under transfer application no. 340 of 2019; that regarding the sale deed obtained by opposite party no.2 in favour of his wife by playing fraud on Smt. Kunta Devi through Shiv Shankar brother-in-law of applicant Manju, lodged F.I.R. at Case Crime No. 295 of 2018 under Section 420, 467, 468 and 471 I.P.C., in which charge sheet submitted under Section 420 I.P.C., which criminal case is pending before C.J.M., Bulandshahar and has been sought to be transferred under Transfer Application No. 341 of 2019; that opposite party no.2 Sahebey Alam Advocate has formed a group of rowdy Muslim advocates and creates hindrance in the proceedings and having of cases by applicants and also misbehaved with the counsel engaged by applicants; that applicants engage one advocate after the other but all of them, after on one or two dates refuse to do pairvi on account of influence and unwarranted rude behaviour of opposite party no.2 Sahebey Alam with lawyers; that in the circumstances applicants are not getting proper legal aid at Civil Courts Bulandshahar and all the three cases may kindly be transferred out of the Sessions Division Bulandshahar to Sessions Division, Meerut or Ghaziabad or Gautam Buddh Nagar or wherever Court finds necessary.
Per contra learned A.G.A. and learned counsel for opposite party no.2 in three transfers applications vehemently opposed the prayer for transfer of all the three cases and contended that the applications for transfer have been moved with mala fide intentions, false and concocted allegations; that in complaint case filed by Sahebey Alam Advocate the accused moved an application under Section 482 Cr.P.C., which was rejected on 31.01.2019 with protection to accused for one month to appear before the Court but instead of appearing before the Court the accused filed criminal revision before Sessions Judge without disclosing the fact of rejection of application under Section 482 Cr.P.C. and when this fact was brought before the Court the criminal revision was withdrawn; that again when non-bailable warrants were issued against accused in complaint case on 3.04.2019 and 06.05.2019 the accused again approached this Court by another application under Section 482 Cr.P.C., without disclosing the moving of earlier application under Section 482 Cr.P.C. and criminal revision and when these facts were brought before the Court, above application under Section 482 Cr.P.C. was also dismissed; that after rejection of above applications, now applicants have made another false story for seeking transfer of the cases outside the district Bulandshahar so that the process issued against them may become ineffective; that applicants have engaged senior advocate Sri Ashok Sharma who was Secretary of Civil Bar Association, Bulandshahar and also Sri Narendra Kumar Sharma, Advocate President of Bar Association, who also moved an application for bail on behalf of accused Shiv Shankar and obtained bail for him; that copy of bail application of Shiv Shankar moved by Sri Narendra Kumar Sharma, Advocate the President of District Bar Association and Vakalatnama have been filed at Annexure-1 to counter affidavit in transfer application no. 341 of 2019; that prior to moving of these transfers applications there was no whisper of any untoward incident having been committed by opposite party no.2 and there is no whisper that opposite party no.2 Sahebey Alam or any of opposite parties ever caused any harm to applicants or any of them; that opposite party no.2 Sahebey Alam is a decent advocate and neither has ground of rowdy Muslim lawyers nor ever misbehaved with applicants or their counsel; that applications for transfer are liable to be rejected.
Upon hearing parties and perusal of record I find that it is not disputed that opposite party no.2 Sahebey Alam is a practising Advocate of Civil Court, Bulandshahar. As far as the execution of sale deed allegedly obtaining by him by fraud or otherwise in favour of his wife is not within the scope of transfer applications and is to be decided by competent court upon trial by the court concerned no opinion is being expressed in respect of merits of dispute between the parties.
As per the allegations made in the transfer applications and counter allegations made in objection by opposite parties, it is very much clear that there is serious civil dispute between the parties and several criminal cases have also been initated by both sides which are hotly contested since opposite party no.2 Sahebey Alam, Advocate is a practising advocate of local Bar of Civil Courts, Bulandshahar, his influence is not unnatural. Hence I find that it will be expedient in the interest of justice to transfer the trial of all the cases outside the Sessions Division, Bulandshahar. Though the applicants have sought transfer to any district like Meerut, Ghaziabad and Gautam Buddh Nagar by learned counsel for the opposite parties submits that Meerut and Ghaziabad will be far away and inconvenient for opposite parties and if the cases are transferred to Gautam Buddh Nagar, it will be less inconvenient to them.
In view of the above, all the three transfer applications are allowed. The Criminal Case No. 10845 of 2018 (charge sheet no. 453 of 2018 dated 05.08.2018 filed in Case Crime No. 622 of 2018) (State Vs. Sahebey Alam & Others) under Sections 323, 504, 506 and 354-A I.P.C., P.S. Sikandarabad, District Bulandshahar, pending in the Court of Chief Judicial Magistrate, Bulandshahar, Criminal Complaint Case No. 4131 of 2018 (Sahebey Alam Vs. Munesh and Others) under Sections 452, 323, 504, 506, 392 and 120-B I.P.C., P.S. Sikandarabad, District Bulandshahar, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Bulandshahar and Criminal Case No. 8487 of 2018 (charge sheet no. 333 of 2018 dated 10.06.2018 filed in Case Crime No. 295 of 2018), (State Vs. Kunta and others) Sikandarabad, District Bulandshahar, pending in the Court of Chief Judicial Magistrate, Bulandshahar are transferred from the court of C.J.M., Bulandshahar and A.C.J.M., Court No.1, Bulandshahar, to the competent court of Magistrate in Sessions Division, Gautam Buddh Nagar.
District Judge, Gautam Buddh Nagar is requested that all the three cases be transferred to one and same Court of Magistrate who may if possible fix one and same date in all the three cases, so as to avoid unnecessary inconvenience to either party, who will be coming from other districts.
Office is directed to communicate this order to District & Sessions Judge, Bulandshahar and District & Sessions Judge, Gautam Buddh Nagar for ascertaining necessary compliance.
Order Date :- 9.1.2020 Md Faisal