Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 165 of 2018 Applicant :- Deepak And 3 Ors.
Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Manoj Kumar Mishra, learned counsel for the applicants, learned AGA for the State and perused the record.
The present transfer application has been moved for transferring the Complaint Case No.620 of 2004 (Jitendra Pal Singh Vs. Deepak and others) from the court of Chief Judicial Magistrate, Court No.3, Aligarh to District courts Gorakhpur.
Learned counsel for the applicants contended that there is matrimonial dispute between the opposite party no.2 and his wife Smt. Rajani Devi; that applicant nos.1 and 2 are brothers and applicant nos.3 and 4 are Mama-Mami of Smt. Rajani wife of opposite party no.2; that Smt. Rajani Devi filed a petition under section 125 Cr.P.C. for maintenance against opposite party no.2 before the Family Court, Gorakhpur, feeling annoyed of which, opposite party no.2 has filed a false Complaint Case No.232 of 2004/620 of 2004 against the applicants, the brothers and mama, mami of Smt. Rajani under sections 147, 148, 149, 504, 506, 324 and 325 IPC, in which applicants were summoned vide order dated 13.5.2004 at Annexure No.3; that the proceedings of complaint case in question were stayed by order of this Court passed in Writ Petition No.4644 of 2005, which was vacated vide order dated 2.12.2016 passed in above writ petition, copy at Annexure No.4; that in due course of time Smt. Rajani Maurya and Jitendra Pal Singh have jointly filed a petition for mutual divorce under section 13B of Hindu Marriage Act, which is pending before the Family court, Gorakhpur; that since the stay order in the complaint case has been vacated vide order dated 2.12.2016 at Annexure No.4, so warrants have been issued by the learned Magistrate; that since the litigation between opposite party no.2 and his wife is pending at Gorakhpur and they are likely to arrive at mutual divorce, the proceedings of compliant case may also be transferred from Aligarh to Gorakhpur so that the applicants may seek bail at Gorakhpur without visiting at Aligarh, which will be convenient for them.
Per contra, learned AGA submitted that the application is misconceived and has been moved with malafide allegations; that the compliant is at initial stage and there is no reason for its transfer from Aligarh to Gorakhpur, merely for the reason that it will be convenient to applicants in seeking bail at Gorakhpur; that in case of transfer, it will cause undue hardship to complainant i.e. opposite party no.2.
Upon hearing the parties counsel and discussions made above, I have come to the conclusion that the applicant has failed to show that its transfer will tend to general convenience of the parties or witnesses, or is expedient in the interest of justice. The application has no force and is liable to be dismissed.
The present transfer application is dismissed, accordingly.
Order Date :- 24.4.2018 Tamang