Court No. - 44
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 491 of 2018 Applicant :- Pradeep Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The present transfer application is filed with a prayer that the proceeding of case no. 9210 of 2018 (State of U.P. Vs. Pradeep Jaiswal) arising out of case crime no. 350 of 2018, u/s 302, 506, 120B IPC, P.S. Colonelganj, District Allahabad, pending before the court of Ist Additional Sessions Judge, Court no. 1, Allahabad be transferred to court of corresponding jurisdiction in any other district.
Submission raised at the Bar that the applicant is a named accused of the ill famed incident which took place on 10.05.2018 in the heart of the city at Manmohan Park, Allahabad. This FIR was registered by respondent no. 2 against 3 accused persons including Pradeep Jaiswal, the present applicant whereby his brother Rajesh Kumar Srivastava, an advocate was shot dead in a cold blooded fashion at 10:20 a.m. near Manmohan Park, Allahabad. The applicant is the owner of Ramayana Hotel and there was a dispute between the applicant and the deceased regarding drainage. It is further submitted that since there was murder of a practising advocate of the Civil Court, all the counsels at Allahabad judgeship has formed a syndicate against the applicant. None of the advocates are coming forward to provide legal assistance to the applicant as the applicant is apprehended that he would not get a free and fair trial at Allahabad. Moreover, the applicant smacks that there would be some foul play against his interest.
Keeping in view that all the advocates are lined up against him and to provide a free and fair trial which is a touch stone of any criminal jurisprudence. It is further contended that bail application was preferred on 06.09.2018 and all the reputed counsels at Allahabad shook their hands off from the brief so much so the learned Sessions Judge has avail the service of amicus curiae and as many as 3 amicus curiae were nominated to represent Pradeep Jaiswal, the applicant but for one reason to another, all of them refused to give any legal help to the applicant and consequently, the bail application of the applicant was rejected by learned Ist Additional Sessions Judge, Court No. 1, Allahabad on 11.10.2018. The applicant is languishing in jail since May, 2018.
On the earlier occasion notice was issued to respondent no. 2 to engage some counsel or file his version. Sri Vinod Kumar Srivastava and Sri Pankaj Kumar Shukla has filed their vakalatnama and vehemently opposite the present transfer application.
I have got the opportunity to go through the order sheet of the bail and the bail rejection order itself. After going through the entire order sheet as well as bail order, I am of the considered opinion that the applicant is facing a rough weather of Allahabad district and he might not get a proper and effective legal assistance at Allahabad before the learned trial court. Section 407 (1)(a) Cr.P.C. speaks about a fair and impartial inquiry of the trial cannot be held in any criminal court subordinate thereto could be one of the ground for transferring the case. Learned counsel for the respondent no. 2 is unable to point out any impediment in transferring the matter.
Keeping in view that entire trial has to be contested and the convenience of the witnesses is also taken into account, I find that it would apt that if the record of this case is transmitted to the corresponding court to the judgeship of Sant Ravidas Nagar (Bhadohi). The concerned court at Allahabad is directed to transmit the record within 15 days to the concerned court at Bhadohi, who will make all necessary endeavour to conclude the trial as expeditiously as possible without granting any unnecessary adjournments to either of the parties.
With the aforesaid observations, the present transfer application stands allowed.
Order Date :- 19.12.2018 Nisha