Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 230 of 2019 Applicant :- Dharmendra And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ali Hasan and Sri Istiyaq Ali, learned counsels for the applicant and learned A.G.A. for the State.
Present transfer application has been filed with the prayer to transfer the Sessions Trial No.155 of 2011 (State Versus Dharmendra and four others) arising out of Case Crime No. 27- A of 2008 under Sections 147, 452, 308, 323, 504 I.P.C., Police Station Civil Lines, District Etawah along with connected Sessions Trial No. 239 of 2010 (State Versus Raju alias Upendra Chauhan) arising out of Case Crime No.27 of 2008 under Section 279, 337, 147, 452, 323, 504, 506 I.P.C. and 3(1)10 of SC/ST Act, Police Station Civil Lines, District Etawah, pending in the court of Special Judge (SC/ST Act), Etawh to any other adjoining district from District Etawah.
It is not disputed by learned counsel for the applicants that Sessions Trial No.155 of 2011 (State Versus Dharmendra and four others) and Sessions Trial No.239 of 2010 (State Versus Raju alias Upendra Chauhan) are cross cases and are pending in the court of Special Judge (SC/ST Act) and are at the stage of recording evidence.
Submission of learned counsel for the applicants is that one of the accused in the cross F.I.R. lodged by applicant no.5 Mamta Lata, namely,Kshatrapal Singh is an Advocate who has been exerting pressure on the lawyers who have been engaged by the applicants or by the informant Mamta Lata in the cross case and on account of pressure of Kshatrapal Singh Sengar several lawyers have refused to take the case of the applicants in Sessions Trial No.155 of 2011 and also in Sessions Trial No.239 of 2010. Therefore, the applicants have grave apprehension that they will not get fair, free and impartial justice from District Court Etawah on account of pressure of Kshatrapal Singh Sengar being an Advocate in District Court Etawah.
I do not find force in the submissions made by learned counsel for the applicants inasmuch as aforesaid cases are pending since 2008 and in both sessions trial several witnesses have been examined. Thus the ground of influence of Kshatrapal Singh Sengar is being raised almost after 11 years of the pendency of the case which apparently smacks of mala fide. Except bald and vague avermments made in paragraphs 14 and 17 of the transfer application, there is nothing to suggest that Kshatrapal Singh Sengar accused in cross case is wielding so much of influence on the Advocates of District Court Etawah under whose pressure none of the advocates are ready to take their case.
In view of the aforesaid, the transfer application is bereft of merit and it is, accordingly, dismissed.
Trial Court is directed to expedite and decide trial of the aforesaid cases within six months from the date of production/ receipt of a certified copy of this order.
Order Date :- 29.4.2019 MN/-