Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 168 of 2018 Applicant :- Nipun And 4 Ors.
Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.
The applicants have sought transfer of Criminal Case No.4806 of 2017 (State Vs. Nipun and others), under sections 498-A, 323, 506, 354(B) IPC and 3/4 Dowry Prohibition Act, P.S.Mahila Than, District Baghpat pending in the Court of A.C.J.M., Baghpat from Baghpat to District Ghaziabad on the sole ground that in above case, they obtained order from High Court in compliance with which applicants went to District Court Baghpat for seeking bail and when they were on way from Bus Stand to the Court, Sunil Dixit and his sons and two others abused them and threatened as well as committed marpeet with them and also torn the clothes of applicant no.4 and were rescued by the general public assembled there. It is also contended that applicant no.3 moved an application in respect of the incident dated 21.3.2018 to S.P. Baghpat with copies of D.M. Baghpat, D.G.P., Lucknow and the Chairman Women Commission, New Delhi.
Learned AGA contended that the application has been moved just to make a false ground of transfer and in any case of transfer of case under sections 498-A, 323, 506, 354(B) IPC and 3/4 Dowry Prohibition Act, the opposite party no.2 wife of applicant no.1 will be put to great hardship and much inconvenience will be caused to her.
Perusal of record shows that at Annexure No.3 page 23 there are postal receipts of sending the above application by applicant no.3 to various authorities, which clearly shows that the registry has been sent from Ghaziabad, regarding the incident dated 21.3.2018. No F.I.R. has been lodged and there is no injury report regarding injury to any of the applicants.
Upon hearing the parties counsel and discussions made above, I have come to the conclusion that the applicant has failed to show that its transfer will tend to general convenience of the parties or witnesses, or is expedient in the interest of justice. The application has no force and is liable to be dismissed.
The transfer application is dismissed. Order Date :- 27.4.2018 Tamang