Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 32 of 2019 Applicant :- Smt. Gunjan Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.,Ashutosh Vaish
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned counsel for opposite party nos.2 to 6 is taken on record.
Heard Sri Abhishek Gupta, learned counsel for the applicant, Sri Ashutosh Vaish, learned counsel for the respondent nos. 2 to 6 and learned A.G.A. for the State.
The present transfer application has been moved by the applicant with a prayer to transfer the proceedings of Case No. 5250 of 2018 (State vs. Janendera and others), arsing out of Case Crime No.358 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Vijay Nagar, District Ghaziabad from the court of IInd A.C.J.M., Ghaziabad to the court of C.J.M, Noida, District Gautam Budh Nagar.
Submission of the learned counsel for the applicant is that the applicant has lodged a first information report at P.S. Dadri, District Gautam Budh Nagar against opposite party nos. 2 to 6 under Sections 498-A, 323, 307, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act. The said case was being investigated by P.S. Dadri, however, the accused somehow got the investigation of the case transferred from P.S. Dadri, District Gautam Budh Nagar to P.S. Vijay Nagar, District Ghaziabad on the ground that no incident as alleged in the F.I.R. lodged by the applicant had taken place in District Gautam Budh Nagar. Thereafter, the case was investigated at P.S. Vijay Nagar, Ghaziabad and charge-sheet was submitted on 14.9.2018 against all the accused persons on which cognizance was taken by 2nd A.C.J.M., Ghaziabad on 29.11.2018. It is next contended by learned counsel for the applicant that the applicant is a lady and has small child and she is living in Dadri, District Gautam Budh Nagar and the offence had also taken place in District Gautam Budh Nagar as well as in District Ghaziabad and the investigation was arbitrarily transferred by the higher police authority in collusion with the accused persons. He further submits that since the opposite party nos. 2 to 6 are resident of District Ghaziabad, the applicant is facing great hardships in attending the court proceedings in District Ghaziabad and she also apprehends danger to her life and it is very difficult for her to pursue her case in District Ghaziabad. He further submits that in a recent judgment rendered by the Hon'ble Apex Court it has been held that in cases of harassment and cruelty the proceedings shall take place at the place where the first informant, the lady is residing and in any view of the matter the balance of convenience is in favour of the applicant and, therefore, the proceedings of aforesaid case pending in District Ghaziabad be transferred to District Gautam Budh Nagar.
Learned counsel for opposite party nos. 2 to 6 has strongly opposed the prayer for transfer of the proceedings from District Ghaziabad to District Gautam Budh Nagar on the ground that no offence had taken place within the jurisdiction of District Gautam Budh Nagar and the proceedings have rightly been transferred by S.S.P. from District Gautam Budh Nagar to District Ghaziabad. Therefore, the transfer application may be dismissed.
Having heard learned counsel for both the parties as well as learned A.G.A. for the State, I may record that as per the recent judgment rendered by the Hon'ble Apex Court the proceedings in the cases of cruelty on account of demand of dowry shall take place at the place where the victim/first informant is residing. In the present case, admittedly, the first information report was lodged in District Gautam Budh Nagar and be that as it may in my opinion the balance of convenience is also in favour of first informant who has been turned out of her matrimonial home and is living in District Gautam Budh Nagar with her infant child.
Therefore, in my considered opinion, I deem it fit to transfer the proceedings of Case No. 5250 of 2018 (State vs. Janendera and others), arsing out of Case Crime No.358 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Vijay Nagar, District Ghaziabad from the court of IInd A.C.J.M., Ghaziabad to the court of C.J.M., Noida, District Gautam Budh Nagar who shall assign the proceedings to any other Magistrate having competent jurisdiction.
The present Criminal Misc. Transfer Application is, accordingly, allowed.
Order Date :- 30.4.2019 Vikas