Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 164 of 2018 Applicant :- Shahin Khan Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
List revised.
No one is present for opposite party no.2 though service of notice was personally effected on him, as per report of C.J.M., Muzaffarnagar dated 15.5.2018.
On the last date of listing i.e. 16.5.2018 Sri Mohit Kumar Jaiswal, Advocate had appeared before the Court and submitted that Sri Nasiruzzaman, Advocate has been instructed by opposite party no.2 to file vakalatnama, which will be filed in Registry within two days and he was allowed two weeks time to file counter affidavit and office was directed that in case vakalatnama is filed in Registry, at the time of next listing, his name shall be shown as counsel for opposite party no.2.
As per office report dated 30.5.2018, no vakalatnama has been filed by opposite party no.2.
Neither opposite party no.2 is present personally or through his counsel nor counter affidavit has been filed controverting the averments made in affidavit given in support of transfer application.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
In the transfer application, the applicant has stated that opposite party no.2 is a practising Advocate of Muzaffarnagar and the applicant has apprehension of life from him and so the case be transferred from District Muzaffarnagar to District Ghaziabad.
Upon hearing the learned counsel and in view of discussions made above, I have come to conclusion that the applicant has shown that there is reasonable apprehension of his life and it would be expedient in the interest of justice to transfer the case from District Muzaffarnagar to District Ghaziabad.
The transfer application is allowed. The Complaint Case No.8314 of 2017 pending in the Court of Additional Chief Judicial Magistrate-II, Muzaffarnagar is transferred from District Muzaffarnagar to District Judgeship at Ghaziabad.
Office is directed to communicate this order to District and Sessions Judge, Muzaffarnagar and District and Sessions Judge, Ghaziabad for ascertaining necessary compliance.
Order Date :- 31.5.2018 Tamang