Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 226 of 2019 Applicant :- Pramod Kumar Kushwaha Opposite Party :- State Of U.P. And 6 Ors.
Counsel for Applicant :- Sushil Kumar Rao,Om Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present transfer application has been filed by the applicant with a prayer to transfer the Criminal Case no. 2244 of 2012 (State vs. Deepak Kumar and others) arising out of Case Crime no. 330 of 2012, u/s 498A, 323, 504, 506 read with Section 3/4 D.P. Act, P.S. Rasoolabad, District Firozabad from the court of A.C.J.M. Firozabad to to any judgeship of District Auraiya.
Learned counsel for the applicant submitted that the applicant lodged first information report against opposite party nos. 2 to 7 in respect of demand of dowry and torture in district Firozabad and the transfer of the case is being sought on the ground that the opposite party no. 2 is a practising lawyer and creating hindrance in on going trial against the accused and also extending threats to the victim from not attending the court's proceeding. In this behalf he has approached higher authority to provide adequate security, however, no action has been taken by the police and the applicant and other witnesses apprehend danger to their life, therefore, the case may be transferred to Firozabad judgeship to district Auraiya.
I may record that the proceedings were initiated in the year 2012 and the charges have already been framed. It is stated in para-11 of the affidavit that the statement of PW-1 was recorded on 24.1.2017, however, learned counsel has not placed anything on record as to how many witnesses have been examined till date.
In my opinion, apprehension of the applicant that the personal liberty of the witnesses is in jeopardy, is wholly unfounded, there is no good ground to transfer the case from Firozabad to district Auraiya. Accordingly, the transfer application is hereby rejected.
However, considering the fact that the proceedings are pending since 2012 learned A.C.J.M. Firozabad is directed to expedite the trial and conclude the same within a period of four months from the date of production of certified copy of the order.
Office is directed to communicate the order to the concerned court within a week.
Order Date :- 26.4.2019 Dhirendra/