Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 218 of 2018 Applicant :- Indrajeet Singh Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Vijay Praksah Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Vijay Prakash, learned counsel for the applicant, learned AGA for the State and perused the record.
The application for transfer has been moved by Indrajeet Singh son of Mintar Singh for transfer of Execution Nos.589 of 2017, 2170 of 2017 and 2176 of 2017 in Case No.498 of 2011, under section 12 of the Protection of Women From Domestic Violence Act, P.S. Jani, District Meerut from the Court of A.C.J.M., Court No.7, Meerut to other Court in District Meerut.
Learned counsel for the applicant contends that the applicant is father-in-law of opposite party no.2 and the grand father of opposite party no.3; that after marriage between opposite party no.2 and Rajiv Tivatiya, the son of applicant, on 10.7.2006 the applicant and his wife filed Civil Suit No.159 of 2009 against his son Rajiv Tivetiya for obtaining a declaratory decree to the effect that the defendant has been dispossessed from their moveable and immoveable property as well as social and family affairs of the applicant, which Civil Suit No.159 of 2009 was decreed by judgment and decree dated 3.10.2009; that the opposite party no.2 filed a false Complaint Case No.498 of 2011 in the Court of A.C.J.M., Meerut against her husband as well as the applicant, his wife and two others under section 12 of Domestic Violence Act in which vide judgment and order dated 28.6.2013, the learned Magistrate granted maintenance to opposite party nos.2 and 3 from opposite party no.1 Rajiv Tivetiya and also directed the applicant, his wife as well as son to pay Rs.30,000/- as compensation by each of them; that the applicant and his wife filed Criminal Revision No.3442 of 2013 against the above order in which vide order dated 8.1.2014 (Annexure No.14), this Court was pleased to stay the operation of order, subject to deposit of 50% of the amount by the revisionists and each revisionist deposited the amount of Rs.15,000/- as mentioned in order dated 25.3.2014 of A.C.J.M., Meerut (Annexure No.15); that subsequent to it, the opposite party nos.2 and 3 moved an execution application for recovery of arrears of maintenance, in which despite the fact that applicant has disowned his son by obtaining a decree in Civil Suit, the recovery warrant is being sent on his residential address, despite report of police station concerned at Annexure No.8; that the Magistrate concerned is not amenable to reason and is sending the recovery warrant again and again at the address of applicant, so the applicant has no hope of justice from the Court of Magistrate concerned; that the applicant moved an application for transfer of the case before the C.J.M., Meerut, which was rejected vide order dated 14.3.2018 (Annexure No.13); that the applicant then moved an application for transfer before the Sessions Judge, Meerut, which too was rejected vide order dated 9.5.2018 (Annexure No.15); that in the circumstances the applicant has no option except to approach this Court and in view of the facts and circumstances, three execution cases are liable to be transferred from the Court of A.C.J.M., Court No.7, Meerut to some other competent Court of Magistrate at Meerut.
Per contra, learned AGA submits that there is virtually no ground for transfer and application is frivolous, vexatious, malafide and misconceived; that the applicant has obtained collusive decree for declaration in collusion with his son Rajiv Tivetiya, which is based on collusive compromise between them; that the decree has been obtained only to defraud the claim of opposite part nos.2 and 3; that in proceedings under sections 12 of Domestic Violence Act order was passed against as many as three persons and application for transfer by one of them is legally not maintainable; that the copy of execution application at Annexure No.6 shows that the applicant is not party to execution application and he has no locus standi to seek transfer of above execution cases and misconceived application has been moved to get the proceedings of execution cases stayed in collusion with his son Rajiv Tivetiya; that the applicant has approached this Court through application under section 482 Cr.P.C. with prayer for quashing the orders dated 4.1.2018 and 16.1.2018 passed in Execution Case Nos.2170 of 2017, 2176 of 2017, 589 of 2017 in Case No.498 of 2011, under section 12 of Protection of Woman from Domestic Violence Act, P.S. Jani, District Meerut, which was refused by this Court; that the application is devoid of merits and is liable to be dismissed.
Upon hearing parties counsel and perusal of record, I find that that admittedly the applicant is not party to the execution cases, which are sought to be transferred and so he may have no locus standi to seek transfer of such cases and the arguments of learned AGA carries weight that the application for transfer has been moved in collusion with his son, who is alleged to have been disowned by him. Moreover, the orders passed by the Magistrate are judicial orders and does not make any ground for transfer of the execution cases. The order of Sessions Judge, Meerut rejecting transfer application does not suffer from any illegality, irregularity or incorrectness. It is also pertinent to mention that opposite party no.2 is lady and in case of transfer of cases great hardship may be caused to her.
In view of discussions made above, I have come to the conclusion that the applicant has failed to show any sufficient ground for entertaining the application for transfer and the same is liable to be dismissed.
The transfer application is dismissed, accordingly.
Order Date :- 28.5.2018 Tamang