Allahabad High Court
Priti Chauhan vs State Of U.P. And Another on 2 August, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 240 of 2018 Applicant :- Priti Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shesh Nath Singh Yadav,Dadhi Bal Yadav Counsel for Opposite Party :- G.A.,Dr. Arun Srivastav Hon'ble Ram Krishna Gautam,J.
This transfer application has been moved by accused-applicant Priti Chauhan against State of U.P. and Shiv Kumar Singh with this contention that Case Crime No. 652 of 2013, u/s 308, 323, 504, 506 I.P.C., P. S. Subhash Nagar, District Bareilly, was got registered, which is pending in the Court of Judicial Magistrate III, Bareilly, as Criminal Case No. 1236 of 2013, State Vs. Rambabu Singh and others. O.P. No. 2 is practising lawyer at Bareilly and applicant is his legally wedded wife. This was a false and frivolous report in which mother of O.P. No. 2 was reported to be beaten by the parents and applicant. Whereas no such occurrence ever occurred and a false medical report from District Hospital, Bareilly, was procured. But in radiological report, there is specific mention that there was no bony injury in it. Even after it, offence u/s 307 I.P.C. was got added, which was subsequently altered in sections 308, 323, 504, 506 I.P.C. A case of divorce is pending before the Principal Judge, Family Court, Bareilly. Whereas, while attending above case on 15.3.2007 the applicant appeared in the Court, O.P. No. 2, Advocates of District Bar accompanying other Advocates rushed in the above Court Room, where the applicant was badly beaten for which Case Crime No. 310 of 2018, u/s 147, 323, 504, 506, 354, 307 I.P.C. was got registered at P.S. Kotwali, District Bareilly. Hence, this application with prayer for transfer of above case from the Court of Bareilly to the Court of Kasganj, where the applicant is residing with her old aged parents.
Learned counsel for O.P. No. 2 as well as learned AGA have vehemently opposed the transfer application.
Learned private counsel argued that the injured was old aged mother of O.P. No. 2 and transfer of case from Bareilly to Kasganj will create inconvenience to her and other witnesses in appearance before the Court at Kasganj. This transfer application is for the purpose of lingering on above criminal case, in which application u/s 482 Cr.P.C. was rejected.
Having heard learned counsel for both the parties and gone through the material placed on record, it is apparent that O.P. No. 2 is practising lawyer at Bareilly. Applicant is his legally wedded wife having matrimonial disputes in between them. Assaults by Advocates, while attending Court by applicant, has been said on oath and learned counsel for O.P. No. 2 is having no objection, if case is taken to district Budaun, which is in between district Bareilly and district Kasganj. The ground for this transfer application is sufficient.
The Transfer Application is allowed. Criminal Case No. 1236 of 2013, State Vs. Rambabu Singh and others, arising out of Case Crime No. 652 of 2013, u/s 308, 323, 504, 506 I.P.C., P. S. Subhash Nagar, District Bareilly, which is pending in the Court of Judicial Magistrate III, Bareilly, is being transferred to District Judgeship, Budaun, i.e. to the Court of C.J.M., Budaun, who will proceed either by himself or through other Court of competent jurisdiction.
Order Date :- 2.8.2019 Pcl