Allahabad High Court
Surya Nath Pal vs State Of U.P. And 2 Others on 24 October, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 14 of 2018 Applicant :- Surya Nath Pal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Pathak,Anand Kumar Srivastava Counsel for Opposite Party :- G.A.,Harshita Rani,Jaishankar Prasad Tyagi,Ram Sanehi Yadav Hon'ble Ram Krishna Gautam,J.
Heard over this transfer application moved under Section 407 of Cr.P.C., with a prayer for getting Criminal Case No. 138 of 2017 (State Vs. Sitaram Yadav and another), pending in the Court of Special Chief Judicial Magistrate, Allahabad be transferred to Varanasi or nearby.
Learned counsel for the applicant argued that opposite party No. 2, in connivance with opposite party No. 3, did receive amount of Rs. 20 lacs, of which there is documentary evidence. But it was a fraud with applicant for which above case crime number was got registered, wherein Sita Ram Yadav, is on bail but opposite party No. 3 has not got bail rather whenever applicant used to come to attend the Court, he is being threatened and misbehaved by advocates. Opposite party No. 3, who himself an advocate at Allahabad, hence, this application with above prayer.
Learned AGA has vehemently opposed this transfer application.
In spite of revised list none is present for opposite party No. 3.
It is admitted fact that opposite party No. 3, is an advocate and this has been said on oath that while attending court applicant was threatened and misbehaved by him and other advocates.
Under all above facts and circumstances and for ensuring fair trial, the application is of sufficient ground.
Accordingly, allowed.
Criminal Case No. 138 of 2017 (State Vs. Sitaram Yadav and another), is being transferred from court of Special Chief Judicial Magistrate, Allahabad to court of Chief Judicial Magistrate, Bhadhoai.
Copy of the order be sent to District and Sessions Judge, Allahabad as well as District and Sessions Judge, Bhadhoai for ensuring the compliance of the same.
Order Date :- 24.10.2019 S.K.