Allahabad High Court
Mayuri vs State Of U.P. And Another on 14 October, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 384 of 2019 Applicant :- Mayuri Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Sinha,Avanish Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
This transfer application under Section 407 of Cr.P.C. has been filed by Mayuri son of Dinesh Chandra Gupta against State of U.P. and Tarun Sharma, with a prayer for transferring Criminal Case No. 1432 of 2019 (State vs. Tarun Sharma) arising out of Case Crime No. 525 of 2018, under Sections 323, 325 and 506 I.P.C., P.S. Hathras Gate, District Hathras from the District Judiciary Hathras to any other district.
Learned counsel for the applicant argued that above case is pending wherein cognisance has been taken on 13.5.2019. Opposite party No. 2 along with his associates entered in the house of applicant and brutally attacked on the family members of applicant causing injury to them. First Information Report was lodged on 6.6.2018 wherein charge-sheet for offence punishable under Sections 147, 452, 323 and 506 I.P.C. in Case Crime No. 525 of 2018, P.S. Hathras Gate, District Hathras. Father of applicant, who is a disabled persons is an injured witness of same. Opposite party No. 2 had committed murder of three persons. He is a practising lawyer at Hathras with his father who, too, is an advocate. They, under disguise of advocate, are involved in mischievous activities, for which there is no likelihood of fair trial at above district. Hence, this application with above prayer, be allowed.
Notice of same was issued to opposite party No. 2 but even after sufficient service, none appears nor any counter affidavit has been filed, hence, this application supported with affidavit is unrebutted and the same seems to be with good ground.
Hence, the application is allowed and Criminal Case No. 1432 of 2019 (State vs. Tarun Sharma) arising out of Case Crime No. 525 of 2018, under Sections 323, 325 and 506 I.P.C., P.S. Hathras Gate, District Hathras is being transferred from Hathras judgeship to judgeship of Aligarh where Chief Judicial Magistrate either by himself or through other Judicial Magistrate of competent jurisdiction will get this case tried and disposed of.
Copy of this order be sent to District and Sessions Judge, Hathras as well as District and Sessions Judge, Aligarh for ensurance of its compliance.
The transfer application stands disposed of.
Order Date :- 14.10.2019 Kamarjahan