Allahabad High Court
Smt. Pooja And Another vs State Of U.P. And Another on 5 December, 2019
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 594 of 2019 Applicant :- Smt. Pooja And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A. and Case :- TRANSFER APPLICATION (CRIMINAL) No. - 596 of 2019 Applicant :- Smt. Pooja And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Harsh Kumar,J.
Heard Shri Ajay Kumar Dwivedi, learned counsel for applicant and learned A.G.A. for State.
The above two applications have been moved for transfer of criminal cases (i) bearing Complaint Case No.1167 of 2016 (Jitendra Vs. Vineet Kumar and others), under Sections 323, 452, 506, 427 I.P.C. and another (ii) Complaint Case No.4095 of 2014 (Jitendra Vs. Vineet Kumar and others), under Sections 323, 452, 504, 506 I.P.C., P.S. Sadar Bazar, Agra from Agra judgship to Mainpuri or any other district.
Learned counsel for applicant submits that opposite party no.2 is husband of applicant no.1 and brother-in-law of applicant no.2; that opposite party no.2 filed a false Complaint Case (A-1) No.1167 of 2016 (Jitendra Vs. Vineet and others), under Sections 323, 427, 336, 452, 504 & 506 I.P.C., P.S. Sadar Bazar, Agra against applicant no.1 and her family members in which, summoning order (A-2) was passed by Additional Chief Judicial Magistrate, Agra on 20.12.2016; that in the year 2016, when applicant no.1 was at the house of her Mama, her Devar approached her for compromise and to fetch her to Agra, stayed over night and when the applicant no.1 was alone on bed at about 11:00 p.m., her devar Manish came in her room, outraged her modesty and attempted to rape on her by disrobing her and on her alarm, her Mama-Mami approached, upon which he fled away, regarding which applicant no.1 sent an application to Superintendent of Police, Agra by registered post on 11.11.2019 (A-3 of Transfer Application No.594 of 2019); that since then the family members of opposite party no.2 are threatening applicant no.1, so the case may be transferred from Agra to Mainpuri or any other district; that opposite party no.2 has filed another Complaint Case (A-1) No.4095 of 2014 (Jitendra Vs. Vineet Kumar and others), under Sections 323, 452, 504 & 506 I.P.C., P.S. Sadar Bazar, Agra against applicant no.1 and her family members in which summoning order (A-2) was issued by Additional Chief Judicial Magistrate, Agra on 2.9.2016 and application to Superintendent of Police, Agra sent by applicant on 11.11.2019 (A-3 on record of Transfer Application No.496 of 2019); that in the circumstances, both the applications are liable to be allowed and the cases may be transferred from Agra judgship to the competent Court of Judgship of District Mainpuri.
Per contra, learned A.G.A. submits that applicant no.1 has not been summoned either in Complaint Case No.1167 of 2016 or in Complaint Case No.4095 of 2014 vide summoning orders dated 20.12.2016 and 2.9.2016 filed at A-1 in each transfer application; that vide order dated 20.12.2016, Vineet, Sukhdevi and Chiraunji Lal were summoned, but transfer application has not been moved by Sukhdevi or Chiraunji Lal and similarly in Complaint Case No.4095 of 2014, Sukhdevi, Amit, Gaurav, Sadhna and Vineet were summoned, but none of them have moved application for transfer except Vineet; that Vineet, applicant no.2 in both the applications, does not allege of any threatening rather threatening is alleged to have been made against applicant no.1 Smt. Pooja only, who is not accused in any of the two complaint cases and has no locus standi to move transfer applications; that transfer applications have been moved with frivolous and vexatious allegations, are legally not maintainable and are liable to be rejected.
Upon hearing parties counsel and perusal of record, I find that two applications for transfer of two complaint cases have been moved by Smt. Pooja and Vineet out of whom Pooja is not accused in any of the two complaint cases and has no locus standi to seek transfer. As far as applicant no.2 is concerned, he does not state any threat from opposite party no.2. Moreover, in Complaint Case No.1167 of 2016, one out of three accused and in Complaint Case No.4095 of 2014, one out of five accused, only Vineet has sought transfer without any ground and neither transfer of 1/3 of Complaint Case No.1167 of 2016 nor 1/5 of Complaint Case No.4095 of 2014 in peace meal may be ordered nor above two complaint cases may be transferred as a whole on application by one of the accused. The applications for transfer are devoid of merits and are liable to be rejected.
Both the transfer applications are rejected accordingly.
Order Date :- 5.12.2019 Anil K. Sharma