Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 302 of 2016 Applicant :- Pradeep And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bairister Singh Counsel for Opposite Party :- G.A.,Brijesh Kumar Verma,Garun Pal Singh,Sanjay Singh
Hon'ble Siddharth,J.
Rejoinder affidavit filed today is taken on record. Heard learned counsel for the parties.
This transfer application has been filed to transfer the Criminal Case No.715 of 2013, under Sections 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act, Police Station Sardhana, District Meerut, from District Meerut to District Muzaffar Nagar.
Submission is that the applicants reside at Muzaffar Nagar but the entire proceedings of the case were initiated at Meerut. Therefore, trail of the aforesaid case may be directed to be transferred from District Meerut to District Muzaffar Nagar.
Per contra, learned counsel appearing on behalf of opposite party nos.2 & 3, submitted that the opposite party nos.2 and 3 are residing at Meerut and first information report was lodged at Meerut and therefore, trial should be conducted at Meerut.
After hearing rival contention of the parties, it is clear that the trial is pending at Meerut and the first information report was lodged at police station Sardhana, District Meerut. Even otherwise, the distance between the Meerut and Muzaffar Nagar is 45 km and it takes hardly 30 minutes to reach Meerut from Muzaffar Nagar. No good ground is made out for transferring the proceedings from District Meerut to District Muzaffar Nagar.
Transfer application is, accordingly, rejected.
Order Date :- 25.2.2019 SS