Allahabad High Court
Smt. Anshu Agrawal vs State Of U.P. And Another on 8 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:2938 Court No. - 84 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 502 of 2023 Applicant :- Smt. Anshu Agrawal and Sangam Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- G.A.,Vivek Kumar Srivastava Hon'ble Nalin Kumar Srivastava,J.
1. Heard counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the record.
2. The present transfer application has been moved by the applicants/ (mother-in-law and father-in-law) under Section 407 Cr.P.C. seeking transfer of the case i.e. Sessions Trial No. 144 of 2023 (State Vs. Sangam Agrawal and another) arising out of case crime no.0177 of 2022 under Sections 323, 504, 324, 307 IPC, P.S. Amroha Dehat, District- Amroha from the Court of Sessions Judge, Amroha, district- Amroha to any other nearby district to conclude the free and fair trial.
3. The present transfer application has been moved by the applicants who are the father-in-law and mother-in-law of opposite party no.2 and the ground taken in the transfer application is that two complaint cases, one NCR and another FIR have been lodged by opposite party no.2 against the applicants, who are in-laws and out of the aforesaid four cases one complaint case was filed at Bijnor Court whereas three criminal matters were initiated at district Amroha. It is further submitted that since the maternal father-in-law of opposite party no.2 is the district President of ruling party in U.P. and his son is working as D.G.C. (Criminal) at Amroha, they are using their influence at Amroha. It has been submitted that except district Amroha, the applicants have no problem to make the pairvi of the cases lodged against them in the whole of the U.P. because there is apparent danger of life and safety to the present applicants. It is further submitted that the NCR lodged against the applicants which has been now converted as FIR as case crime no. 177 of 2022 which was subsequently converted into 307 I.P.C. is now running as Sessions trial No. 144 of 2023 (State Vs. Sangam Agarwal) case crime no. 177 of 2022 under Sections 323, 504, 324, 307 I.P.C., P.S. Amroha Dehat, district- Amroha.
4. Per contra, learned counsel appearing for opposite party no. 2 and learned A.G.A., however, seriously opposed the application stating that there is no reason to justify transfer of the case. It is submitted that false and fabricated cases have been lodged by the applicants against opposite party no.2 and an FIR has also been lodged by their daughter Princika, wife of opposite party no.2 at district Bijnor. It is further submitted that interim protection has been granted by this Court to the applicants in various criminal proceedings lodged against them. It is further submitted that the district President of the ruling party is not the father-in-law of opposite party no.2 and the DGC (Criminal) in the district Amroha is also a distant relative of opposite party no.2. The law is taking its own course in district Amroha in the cases against the applicant. It is further submitted that the wife of opposite party no.2/ daughter of applicants has been summoned to face the trial under Section 379 I.P.C. and in the complaint case filed by opposite party no.2 at district Amroha, it is pertinent to mention that no transfer application has been moved by Smt. Princika so far on the basis of her alleged apprehension that she might be in danger, if she travels to district Amroha for pairvi of the case.
5. Documents have been filed by both the sides in support of their rival contentions.
6. Here it is apposite to mention that in view of sub-section (1) of Section 407 Cr.P.C. a case can be transferred, whenever it is made to appear to High Court-
(a) that a fair and impartial inquiry or trial cannot be had in any criminal court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that an order under this section is required by any provision of the code of criminal procedure,or will tend to the general convenience of the parties or witness, or is expedient for the ends of justice.
7. No universal or hard and fast rules can be applied for deciding a transfer application which has always to be decided on the basis of facts of each case. It is well settled that in order to exercise the power of transfer under section 407 Cr.P.C., the apprehension concerned, has to be one which would establish that justice will not be done. The apprehension of not getting a fair and impartial justice is required to be reasonable and not imaginary. Merely making an allegation that there is an apprehension that justice will not be done in a given case alone does not suffice.
8. In the facts and circumstances and also keeping in view the fact that the daughter of the applicants is doing pairvi of the criminal case at Amroha herself and she never applied for transfer of the case, I do not find any cogent reason to transfer the case as prayed for in the transfer application from district Amroha to any other district. Looking to the facts and circumstances of the case, I do not find any good ground to interfere in the matter.
9. The transfer application is, accordingly, rejected.
Order Date :- 8.1.2024 Fhd