Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 51 of 2018 Applicant :- Ankur Saxena Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ashish Chitranshi Counsel for Opposite Party :- G.A.,Bharat Singh
Hon'ble Siddharth,J.
Counter affidavit and rejoinder affidavit filed today are taken on record.
Heard learned counsel for the parties.
This transfer application has been filed by the learned counsel for the applicant praying for transfer of Case No. 12271 of 2016 (State Vs. Ankur Saxena), under Section 498-A, 323, 354 of IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Budaun, pending in the court of Additional Chief Judicial Magistrate, II, Budaun, Case No. 969 of 2016 (Shilpi Saxena Vs. Ankur Saxena), under Section 125 of Cr.P.C., Police Station Kotwali, District Budaun, pending in the court of Family Judge, Budaun and Case No. 560 of 2016 (Shilpi Saxena Vs. Ankur Saxena), under Section 12 of Domestic Violence Act, Police Station Kotwali, District Budaun, pending in the court of Additional Chief Judicial Magistrate- I, Budaun to any other court.
Learned counsel for the applicant has stated that he confines his prayer to transfer or only one case being Case No. 12271 of 2016 (State Vs. Ankur Saxena), under Section 498-A, 323, 354 of IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Budaun, pending in the court of Additional Chief Judicial Magistrate, II, Budaun to another court.
Prayer is allowed.
Learned counsel for the applicant is permitted to delete two other cases in the prayer clause of transfer application during the course of the day.
The ground for transfer of the aforesaid case is that the applicant is residing at Allahabad and it is difficult for him to approach Badaun and he was assaulted by the brother of opposite party No.2, when he went to attend the dates.
Learned counsel for the opposite party No.2 has vehemently opposed this transfer application and has stated that complaint, regarding injury, made against the brother of opposite party No. 2 is not credible. In fact, the applicant met an accident, due to which, he sustained injuries. On its basis, complaint case was registered by the applicant and the applicant has alleged that he was beaten by the brother of opposite party No.2 and he sustained injuries.
Without entering into the merits of the contentions raised, considering the fact that District Bareilly is near to District Badaun, the aforesaid Case No. 12271 of 2016 is transferred from District Badaun to District Bareilly, with the condition that the applicant shall pay Rs.1000/- to opposite party No.2 on every date for coming from Badaun to District Bareilly.
This transfer application is allowed.
The District and Sessions Judge, Badaun is directed to forward the record of the aforesaid case to District and Sessions Judge, Bareilly, within the period of two weeks, from the date of production of certified copy of this order for assigning it to the appropriate court. Where the case would be assigned, the court is directed to conclude the trial in the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year, if there is no other legal impediment.
Order Date :- 30.1.2019 Ruchi Agrahari