List revised. Sri M.K. Mishra, learned counsel for the opposite party no. 1 is not present.
This transfer application has been filed by the applicant Dr. Smt. Seema Mehta with a prayer that the proceedings of criminal case no. 490 of 2003 (State vs. Seema Mehta) under Section 304-A, 204 and 506 I.P.C., P.S. Shahpur pending in the Court of Judicial Magistrate-I, Gorakhpur may be transferred to the adjoining district having the competent jurisdiction.
It is pointed out by learned counsel for the applicant in paragraph 11 of the supplementary affidavit that opposite party no. 1 Ram Narain Mishra is a practicing Advocate at Gorakhpur due to which there is no experienced lawyer is ready to defend the applicant, it has not been controverted by opposite party no. 1 in the counter affidavit. It is very difficult for the applicant who has left the Gorakhpur after the above mentioned incident to Bangalore to attend the proceeding of Court of Gorakhpur she is a medical practitioner.
In reply of the above contention made by the learned AGA that it is too old matter in which the proceedings have been stayed by the another Bench of this Court on 16.2.2005. There a suitable order may be passed so that the proceedings of the above mentioned case may be proceeded.
Considering the submission made by the learned counsel for the applicant and learned AGA and from the perusal of the record, it appears that in this case the above mentioned criminal proceedings have been initiated by opposite party no. 1, Ram Narain Mishra who is a practicing lawyer at Gorakhpur. The applicant is a medical practitioner who is women and no experienced lawyer is ready to defend her, such contents have not been controverted in the counter affidavit, to meet the end of justice to the proceedings of the above mentioned case require to be transferred to the adjoining District Maharajganj.
In view of the above discussion, it is directed that the proceedings of a criminal case no. 490 of 2003 (State Vs. Dr. Seema Mehta) under Section 304-A, 204 and 506 I.P.C., P.S. Shahpur, District-Gorakhpur pending in the Court of Judicial Magistrate, Gorakhpur shall be transferred to the Court of District-Maharajganj having the competent jurisdiction, the record of the above mentioned case shall be sent to Maharajganj Judgeship by the District and Sessions Judge, Gorakhpur forthwith.
Accordingly, this transfer application is allowed.
A copy of this order may be communicated to District and Sessions Judge Gorakhpur as well as District and Sessions Judge Maharajganj for the compliance.
Order Date :- 4.1.2010 prabhat