Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 221 of 2018 Applicant :- Prashant Bhardwaj Alias Samir Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Shiva Tripathi
Hon'ble Harsh Kumar,J.
List revised. No one present for opposite party nos.2 and 3 despite due service on them as per office report dated 28.8.2018.
Opposite party no.3 has filed counter affidavit and stay vacation application, but no one is present for opposite party no.3 also.
Heard Sri Sunil Kumar, learned counsel for applicant, learned AGA for State and perused the record.
The instant application has been moved for transferring Criminal Case No.8968 of 2018, Case Crime No.1961 of 2017, (State Vs. Prashant Bhardwaj @ Samir and others) under sections 376, 420, 406, 452, 506, 328, 120-B IPC, P.S. Kavi Nagar, District Ghaziabad pending in the Court of C.J.M., Ghaziabad to any equivalent Court of Sessions Division of any adjoining District like Meerut, Bulandshahr, Aligarh or Guatam Budh Nagar.
Learned counsel for applicant contends that applicant has been falsely implicated by opposite party no.3 in F.I.R. lodged against him as well as other persons at Case Crime No.1961 of 2017, under sections 376, 420, 406, 452, 506, 120-B IPC; that upon investigation charge sheet was filed only against applicant and other accused-persons were exonerated; that since opposite party no.3 is a practising Advocate of District Courts, Ghaziabad and claims his wife to be the victim in this case, he is exercising his influence over the Courts at Ghaziabad and on each date brings number of lawyers in his support within the Court room to put pressure on the Court; that opposite party no.3 has not only opposed the bail application of applicant upto this Court, but is also not permitting various Advocates, who were engaged by applicant to defend the false case filed by opposite party no.3; that applicant has given details of various facts in para 18 to 30 of his affidavit mentioning therein that Sri Ram Kishore Gupta, Advocate appearing on behalf of applicant had to withdraw his vakalatnama due to undue pressure of opposite party no.3 and several lawyers mentioned in para 30 of affidavit refuted to do pairvi on behalf of applicant on account of influence of opposite party no.3 a practising lawyer of District Courts, Ghaziabad; that due to influence of opposite party no.3, applicant is not able to get proper legal assistance of a competent Advocate to defend his case at Ghaziabad and will not be able to get justice if the case is not transferred outside the Sessions Division of Ghaziabad; that in the interest of justice, case may be transferred from Ghaziabad to other Sessions Division.
Learned AGA vehemently opposed the prayer of transfer of sessions trial outside the district of Ghaziabad.
Upon hearing learned counsel for applicant and learned AGA and perusal of record, I find that it is not disputed that opposite party no.3 is practising Advocate of District Ghaziabad and his wife opposite party no.2 is alleged to be the victim of the case. There is no one to controvert the averments made in various paras of the affidavit given in transfer application, so I find that it will be just and appropriate in the interest of justice to transfer the trial of Case Crime No.1961 of 2017, (State Vs. Prashant Bhardwaj @ Samir and others) under sections 376, 420, 406, 452, 506, 328, 120-B IPC, which is said to have been committed to sessions, from the Court of Sessions Judge/Additional Sessions Judge, Ghaziabad to the competent court of Sessions Judge or Additional Sessions Judge in Sessions Division, Bulandshahar.
The transfer application is allowed accordingly.
The sessions trial arising out of Case Crime No.1961 of 2017, (State Vs. Prashant Bhardwaj @ Samir and others) under sections 376, 420, 406, 452, 506, 328, 120-B IPC, is transferred from the Court of Sessions Judge/Additional Sessions Judge, Ghaziabad in Sessions Division, Ghaziabad to the competent Court of Sessions Judge or Additional Sessions Judge in Sessions Division, Bulandshahar.
Office is directed to communicate this order to Sessions Judge, Ghaziabad and Sessions Judge, Bulandshahar for ascertaining necessary compliance.
Order Date :- 19.12.2019 Tamang