Allahabad High Court
Bhagat Chandra vs State Of U.P. And Another on 17 January, 2020
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 26 of 2020 Applicant :- Bhagat Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A. Hon'ble Harsh Kumar,J.
Heard Sri Prabhakar Dubey, learned counsel for applicant, learned AGA for State and perused the record.
The instant application has been moved for transferring the Case No.88 of 2017 (Smt. Dukhna Vs. Bhagat Chandra and others), under section 12 Domestic Violence Act, 2005, P.S.Golhaura, District Siddharth Nagar pending in the Court of Judicial Magistrate, Bansi, Siddharth Nagar to any other Court.
Learned counsel for applicant contends that opposite party no.2 is wife of applicant and has filed a false case under section 12 of Domestic Violence Act against applicant, in which he has filed written statement; that during pendency of case under Domestic Violence Act, opposite party no.2 moved an application seeking interim maintenance, on which the opportunity of filing objections was given to applicant, but learned counsel for applicant did not file any separate objections in view of the fact that objection/written statement on behalf of applicant had already been filed to the whole case; that non filing of objections by applicant, against application for interim maintenance, learned Court has passed the order for proceeding ex-parte with application for interim maintenance and ordered that interim maintenance application will be heard ex-parte; that later on, applicant has filed objection against application for interim maintenance, but the Court was adamant to first decide the application for interim maintenance and is not ready to postpone its disposal with final disposal of the case; that on this issue, Presiding Officer of the Court got annoyed with the learned counsel for applicant and so the applicant has lost hope of justice from the Court; that consequently applicant moved an application for transfer of the case from the Court, which was rejected by Sessions Judge, Siddharth Nagar vide order dated 17.12.2019 copy at Annexure No.11; that Sessions Judge was not correct in rejecting the transfer application moved by applicant; that in the interest of justice, case is required to be transferred from the Court of Judicial Magistrate, Bansi, Siddharth Nagar to any other competent Court of Magistrate at Bansi, Siddharth Nagar.
Learned AGA vehemently opposed the prayer for transfer of the case and contended that there is absolutely no ground for transfer of the case; that since the application for interim maintenance has been moved by complainant-the opposite party no.2, the Court is required to dispose it of and the stand of applicant for its disposal with final disposal of the case, may not be accepted; that if some lawyer does not behave properly with the Court, the Presiding Officers may not feel good for the moment but do not get annoyed to the extent to pass adverse order in the case against party of advocate concerned and such matters subsides by the end of the day.
Upon hearing parties counsel and perusal of record, I find that application for interim maintenance has been moved by opposite party no.2 and is required to be decided on its merits, after hearing both the parties and there appears no sufficient ground for any apprehension to the applicant and no sufficient ground for transfer of case to some other Court. There is no illegality or incorrectness in the order of Sessions Judge, rejecting transfer application.
The transfer application is disposed of with refusal of transfer of case to some other Court and direction to Court below, to dispose of the application for interim maintenance as well as case in accordance with law, after affording reasonable opportunity of hearing to both parties.
Order Date :- 17.1.2020 Tamang