Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 69 of 2019 Applicant :- Laxmi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and learned A.G.A. for the State.As per the office report, notice has been served upon opposite party no.2, yet no one has appeared on her behalf.
Present transfer application has been filed with the prayer to transfer Criminal Case No.294 of 2016 (State Versus Laxmi) arising out of Case Crime No.471 of 2015under Sections 498- A, 323, 504 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana,District Budaun pending in the court of Additional Chief Judicial Magistrate-2nd, Budaun to Bareilly or some other district.
Submission of learned counsel for the applicant is that opposite party no.2 has filed a false F.I.R. against the applicants with ulterior motive in District Budaun whereas the applicants are resident of Bareilly and on several dates when they have gone to attend the proceeding in District Budaun, opposite party no.2 and his associates have attacked on them and, therefore, they have apprehension to their life and they are unable to contest the case in District Budaun. Therefore, the case pending in District Budaun may be transferred to any other district having competent jurisdiction.
Per contra, learned A.G.A. has vehemently opposed the prayer to transfer the case.
Considering the submissions made by learned counsel for the parties, I do not find any ground to transfer the case. The apprehensions of the applicants are wholly whimsical and unsupported by any cogent material/evidence.
The transfer application is, accordingly, dismissed.
Order Date :- 29.5.2019 MN/-