Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 326 of 2017 Applicant :- Saurabh Gupta & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Krishna Mani,K.M. Gupta,S. Singh,S.F. Ahmed Counsel for Opposite Party :- G.A.,A.K. Mishra,Anil Kumar
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and perused the record.
Learned counsel for the applicants contends that the applicants are accused in Complaint Case No.1824 of 2011 (Smt. Manju Gupta Vs. Hari Shankar Gupta and others), under Section 323, 504, 506 I.P.C., P.S. Pheelkhana, District Kanpur Nagar filed by opposite party no.2, step-mother of applicant no.1; that on 30.1.2013 the applicants appeared before the Court when the opposite party no.2 along with her associate advocates committed mar-pit with them and threatened them of life regarding which he moved an application before the Court which was referred by the Court to Chauki Incharge, Court compound; that on 21.8.2017 also when the applicant no.1 attended the Court, the opposite party no.2 committed mar- pit with him and threatened him of life; that opposite party no.2 is a practicing advocate of Kanpur Nagar so the case may kindly be transferred from Kanpur Nagar to the competent court at Agra.
Per contra, learned counsel for the opposite party no.2 submits that it is not disputed that she is a practicing advocate in Kanpur Nagar but no such incident has ever take place as mentioned in application dated 30.1.2013; that all the allegations made in transfer application are false and incorrect and on 30.1.2013 no mar-pit was committed with applicants by opposite party no.2 or her associate advocates rather some person had stolen mobile phone of some advocate upon which the person making theft was beaten and it is a chance that the person so beaten was applicant no.1 Saurabh Gupta and under apprehension of fabricating any false case against her, she moved an application to President and Secretary of the Kanpur Bar Association, the Lawyers Association, Kanpur Nagar on the same day and the allegations about the incident dated 21.8.2017 are also false rather the fact is that on 6.11.2017 she was threatened by Saurabh Gupta and his brother Nitin Gupta of life regarding which an application was sent by her to S.P., Kanpur Nagar on 7.11.2017.
Upon hearing learned counsel for the parties and perusal of record, I find that there is matrimonial dispute between the opposite party no.2 and the father of applicant no.1 and opposite party no.2 is alleged to be second wife of father of applicant no.1. As far as the incident dated 30.1.2013 is concerned, the same day applicant has moved an application before the court concerned and the same day opposite party no.2 has also moved an application before the President and Secretary of the District Bar Association. It is pertinent to mention that in the application given by opposite party no.2 to the President and Secretary of District Bar Association, copy filed at Annexure C.A.-1, the name of advocate whose mobile phone was allegedly stolen has not been disclosed and even it has not been disclosed as to whether the stolen mobile phone was recovered from applicant no.1 or not, so the application allegedly moved to the President and Secretary of the District Bar Association appears to have been moved for making a defence to the incident dated 30.1.2013 mentioned in application of applicant no.1, copy at Annexure-5 of the transfer application.
Upon hearing the parties counsel and in view of discussions made above, I find that it will be just and expedient in the interest of justice as well as for convenience that the case may be transferred from Kanpur Nagar to some other district.
In view of above, the transfer application is allowed. The Complaint Case No.1824 of 2011 (Smt. Manju Gupta Vs. Hari Shankar Gupta and others), under Section 323, 504, 506 I.P.C., P.S. Pheelkhana, District Kanpur Nagar pending in the Court of Additional Chief Metropolitan Magistrate, Court No.3, Kanpur Nagar is transferred to the competent court at District Aligarh.
Office is directed to communicate this order to District & Sessions Judge, Kanpur Nagar and District & Sessions Judge, Aligarh for ascertaining necessary compliance.
Order Date :- 25.4.2018 Kpy