Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 68 of 2019 Applicant :- Braham Prakash @ Sonu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and learned A.G.A. for the State.As per the office report, notice has been served upon opposite party no.2, yet no one has appeared on her behalf.
Present transfer application has been filed with the prayer to transfer Criminal Misc. Case No.573 of 2015 (Smt. Shuchi Devi Versus Braham Prakash alias Sonu) under Section 125 Cr.P.C., Police Station Wazirganj,District Budaun pending in the court of Additional District and Session Judge/Fast Track Court No.2, Budaun to Bareilly or some other district.
Submission of learned counsel for the applicant is that opposite party no.2 has instituted proceeding under Section 125 Cr.P.C. with ulterior motive in District Budaun whereas the applicant is resident of Bareilly and on several dates when he has gone to attend the proceeding in District Budaun, opposite party no.2 and her family members have attacked on him and, therefore, he has grave apprehension to his life and he is unable to contest the case in District Budaun. Therefore, the case pending in District Budaun may be transferred to any other district having competent jurisdiction.
Per contra, learned A.G.A. has pointed out that the proceedings under Section 125 Cr.P.C. were initiated by opposite party no.2 in the year 2015 and her evidence has already been recorded. The applicant was afforded opportunity to file written statement on 4.04.2017, however, no written statement was filed by him though the matter was fixed on several dates. The applicant is also not appearing before the court for evidence. It is argued that present transfer application has been filed totally on false premise that he has been attacked by opposite party no.2 and her family members on several occasions. There is no material to substantiate the said fact. It appears that the applicant merely wants to prolong the proceedings under Section 125 Cr.P.C. which are quasi judicial in nature.
Considering the submissions made by learned counsel for the parties, I do not find any ground to transfer the case.
The transfer application is, accordingly, dismissed. However, having regard to the fact that the proceedings under Section 125 Cr.P.C. are summary in nature and pending since 2015, the Principal Judge, Family Court, Budaun is directed to decide the same within three months from the date of receipt of a copy of this order.
The office is directed to communicate a copy of this order to the trial court concerned within 72 hours for ensuring its compliance.
Order Date :- 29.5.2019 MN/-