Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 380 of 2017 Applicant :- Jooli Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Mohd. Wasim,Mohd. Wasim Counsel for Opposite Party :- G.A.,Rajiv Sisodia
Hon'ble Harsh Kumar,J.
Heard Sri Mohd. Wasim, learned counsel for the applicant, Sri Rajiv Sisodia, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
The present application has been moved for transferring the proceeding of Criminal Case No.1745 of 2016 (Pooja @ Chandni Vs. Ankit Namdev and others) pending in the Court of Civil Judge (J.D.)/ Judicial Magistrate, Najibabad, Bijnor under section 12 of Domestic Violence Act, 2005 P.S. Najibabad, District Bijnor to some other adjoining/nearby district.
Learned counsel for the applicant submits that the opposite party no.2 has filed an application under section 12 of Domestic Violence Act against the applicants, which is pending before the Judicial Magistrate, Najibabad, District Bijnor; that the applicants are residents of Muzaffarnagar and on 25.4.2017 when applicant no.1 after attending the Court at Najibabad, Bijnor was returning the members of family of opposite party no.2 as well as opposite party no.2 made a Gherao of her, abused her and slapped her, regarding which she moved an application to S.P., Bijnor on 25.4.2017, copy at Annexure No.4; that applicant no.1 is a disabled lady and in above matter N.C.R. has been lodged against culprits opposite party no.2, her father, brother and associate on 28.4.2017; that in the circumstances, it is not safely possible for applicants to do pairvi in their case at Najibabad, Bijnor and for convenience of disabled applicant no.1 also, case may kindly be transferred from Najibabad, Bijnor to Muzaffarnagar.
Per contra, learned AGA as well as learned counsel for opposite party no.2 vehemently opposed the prayer of transfer of complaint case from Nijababad, District Bijnor to District Muzaffarnagar and contended that the application dated 25.4.2017 has been moved falsely to make a false ground for transfer.
Upon hearing parties counsel and perusal of record, I find that averments made in transfer application and affidavit, have not been controverted by filing a counter affidavit despite of affording repeated opportunities uncontroverted the contention of applicant no.1 may not be disbelieved. The oral argument of learned counsel for opposite party no.2 that applicant no.1 did not appear in this case on 25.4.2017 and that she was not required to appear because the complaint under section 12 of Domestic Violence Act has been filed against all the applicants and one of the applicant need not to attend the court, has no force. In the circumstances, I find that there is sufficient ground for allowing the transfer application for just disposal of trial. However in case of transfer of case to Muzaffarnagar, opposite party no.2 may feel inconvenience, so the case may be transferred to Meerut Judgeship as both parties themselves could not agree for any third place.
In view of discussions made above, I have come to conclusion that the applicant has shown that it would be expedient in the interest of justice to transfer the proceeding of Criminal Case No.1745 of 2016 (Pooja @ Chandni Vs. Ankit Namdev and others) pending in the Court of Civil Judge (J.D.)/ Judicial Magistrate, Najibabad, Bijnor under section 12 of Domestic Violence Act, 2005 P.S. Najibabad, District Bijnor to the competent court at District Meerut.
The transfer application is allowed, accordingly.
Order Date :- 26.4.2018 Tamang