Allahabad High Court
Sarvendra Kumar Avasthi @ Indu Awasthi vs State Of U.P. And Another on 23 September, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 512 of 2018 Applicant :- Sarvendra Kumar Avasthi @ Indu Awasthi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Mishra Counsel for Opposite Party :- G.A.,Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Hon'ble Ram Krishna Gautam,J.
This transfer application under Section 407 Code of Criminal Procedure has been filed by Sarvendra Kumar Avasthi @ Indu Awasthi with a prayer for getting Complaint Case No. 5346 of 2018, pending before Court of Additional Chief Judicial Magistrate-IV, Meerut, under Section 500 I.P.C., Police Station Civil Lines, District Meerut, be transferred to District Farrukhabad, Etah or Kannauj or to any other adjacent district with a further prayer for staying above proceeding till disposal of this application on the ground that applicant is an agriculturist as well as Editor of Punjab Kesari Daily Newspaper and is also Pradhan of his village Sadikpur, District Farrukhabad. The applicant being a press reporter was performing his duties independently and freely by way of giving news in above newspaper. Complainant of this criminal case was posted as S.H.O., Kotwali at Farrukhabad and news were against him also. He became furiated and with a view to harass the applicant got this case lodged at Meerut, wherein applicant has been summoned and when he went at Meerut, he was thrashed by Divan Giri with a threat of not attending case at Court of Meerut, otherwise he will face dire consequence. For this NCR No. 81 of 2018 was filed at Police Station Civil Lines, Meerut, which has been annexed as Annexure No. 13 to the affidavit filed in support of this application. This false accusation was with a view to pressurize applicant for withdrawal of this case pending at Farrukhabad against Divan Giri and co-accused, who is also Sub Inspector of Police, who have got many cases registered against applicant on the false pretext pending at Farrukhabad.
Learned counsel for opposite party no. 2 argued that it was a false contention. The first application moved for the same relief was dismissed as withdrawn and this application has been filed with malice. Opposite party no. 2 Divan Giri is complainant of above criminal case, pending at Meerut. He was posted as S.H.O. at Kotwali, Farrukhabad, where present applicant was an accused for an offence of theft of Maruti Car, which was recovered by police from possession of other accused, where implication of this applicant was found. The history of criminal cases of applicant is there, in which there are many cases previously instituted against applicant and this accusation of alleged thrash at Meerut Court is against the fact. It is just for getting case transferred at Farrukhabad for creating harassment of complainant.
Learned A.G.A. vehemently opposed this application.
From the perusal of material placed on record, it is apparent that applicant is accused in a case punishable under Section 500 I.P.C., pending in the Court of IV Additional Chief Judicial Magistrate, Meerut. Divan Giri is complainant of above case. The offence was of area of Police Station Civil Lines, District Meerut. The cognizance was taken by Magistrate concerned, who after proper inquiry and recording statement of complainant under Section 200 Cr.P.C. and his two witnesses under Section 202 Cr.P.C., passed summoning order against accused, who moved a proceeding under Section 482 Cr.P.C. before this Court. In between, an application for transfer of this case was filed, but as there was a direction for bail by appearing before trial court and owing to above transfer application moved by applicant this order was not being complied with, hence transfer application was withdrawn for the purpose of appearing before trial court and getting bail in compliance of direction of this Court given in a proceeding under Section 482 Cr.P.C. Bail has been granted. Subsequently, this transfer application has been filed.
Undisputed fact is that complainant is resident of Meerut. Presently, he is a superannuated police personnel. Offence was committed at Meerut. Cognizance was taken at Meerut. Proceeding is pending thereat. As applicant is resident of Farrukhabad, he has moved this transfer application on the sole ground of being thrashed at Meerut, when he went there for attending his counsel, for which a non-cognizable report was got lodged. The other contention regarding validity of summoning order etc. etc is not a matter of question to be seen in this proceeding.
This ground may be a ground with regard to complainant appearing at Farrukhabad because accused is an agriculturist, Village Pradhan as well as Reporter at Farrukhabad and the complainant is mere a superannuated police personnel. Regarding NCR neither any report of investigation or submission of charge sheet is there on record and the ground said seems not proper for any indulgence by this Court.
Accordingly, this application for transfer stands rejected.
Order Date :- 23.9.2019 NS