Allahabad High Court
Ehsan vs State Of U.P. And Another on 8 January, 2020
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 391 of 2018 Applicant :- Ehsan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.,Shibli Naseem,Ashutosh Ya Hon'ble Harsh Kumar,J.
Heard Sri Furqaun Ahmad Alvi, learned counsel for applicant, Sri Ashutosh Yadav, learned counsel for opposite party no.2, learned AGA for State and perused the record.
The instant application has been moved for transferring S.T. No.377 of 2016 (State Vs. Mohd. Rafi and others), Case Crime No.130 of 2015, under section 3/5Ka/8 Cow Slaughter Act, P.S. Bhogaon, District Mainpuri from District Mainpuri to any other District.
Learned counsel for applicant contends that applicant and opposite party nos.3 to 6 have been falsely implicated in Case Crime No.130 of 2015, under section 3/5A/8 Cow Slaughter Act, for recovery alleged to be made from them on 19.3.2015; that on account of F.I.R. lodged in above case, trial of applicant and opposite party nos.3 to 6 i.e. S.T. No.377 of 2016 is pending in the Court of Additional Sessions Judge, Mainpuri; that various institutions viz. Hindu Jagran Manch, Bhartiya Gauvansh Rachchan Samvardhan Parishad Braj Prant U.P., Nagar Udyog Vyapar Mandal Bhogaon, Mainpuri, have resentment with regard to heavy recovery of cow slaughter in the area and had given various applications toSuperintendent of Police, Mainpuri from 21.3.2015 to 23.3.2015, regarding above recovery dated 19.3.2015, copies at Annexure No.2; that apart from above, on 27.4.2017 applicant reached the Court with delay, as bus went out of order and when he was returning to home and taking refreshment on a hotel near Court, six unknown persons made exhortation that these are cow slaughters and be beaten, but applicant and Ram Milan-opposite party no.4 managed to escape and given an application to District Magistrate, Mainpuri on 2.5.2017, copy at Annexure No.4; that in the circumstances, applicant and co-accused persons have apprehension of life from various hindu organization at Mainpuri and for their security, sessions trial is required to be transferred from Mainpuri to home district of applicant at Azamgarh or at some other nearby place; that in case, sessions trail is not transferred, applicant and co-accused persons will suffer irreparably.
Per contra, learned AGA and learned counsel for opposite party no.2 vehemently opposed the prayer for transfer of case and contended that application has been moved with mala fide intention just to delay and defraud the trial; that undisputedly on account of recovery dated 19.3.2015 till date of moving of transfer application in September 2018 or uptill now, no harm was caused to applicant or any of the accused and no injuries is alleged to have been caused to any of them; that accused-persons in order to avoid their conviction, delaying the disposal of trial and charges could be framed against them on 21.1.2017, but they are not permitting to commence the trial and have got the proceeding stayed by moving this frivolous transfer application; that in applications given by alleged hindu organization, applicant or any of the accused, is not named and resentment by above organization against cow slaughter in the area, may not be considered to be unjustified; that application at Annexure No.4 has been moved frivolously to make a false ground and in above alleged incident dated 2.5.2017, no harm is alleged to have been caused to applicant or accused-opposite party no.4 on 2.5.2017 or uptill now; that moreover had the applicant or any of the accused any apprehension of life, he would have moved application to police authorities concerned; that the witnesses in this case are local witnesses of Mainpuri and will face great hardship if the case is transferred to Azamgarh or any other district.
Upon hearing parties counsel and perusal of record, I find that learned counsel for applicant has failed to show any reasonable cause for apprehension in their mind from any of the alleged hindu organization or anybody else and has also failed to show any sufficient ground for transferring the case outside Mainpuri district. The transfer application is devoid of merits and is liable to be rejected.
The transfer application is rejected accordingly Interim order, if any, stands vacated.
Let a copy of this order be sent to Court below for ascertaining expeditious disposal of trial in accordance with law.
Order Date :- 8.1.2020 Tamang