Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 457 of 2017 Applicant :- Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- G.A.,Yogesh Kumar Srivastava
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
This transfer application has been filed by the learned counsel for the applicant praying for transfer of S.T. No. 447 of 2015 (State Vs. Baljeet Singh), arising out of Case Crime No. 97 of 2015, under Section 302 IPC,, Police Station Basai Mohammadpur, District Etawah, pending in the court of Additional Sessions Judge, Court No.1, Firozabad, to another District.
On 26.11.2018, the following order passed by this Court:-
"Rejoinder affidavit filed today is taken on record.
The transfer application was moved on behalf of the applicant on the ground that Prabal Pratap Singh one of the accused, his name was dropped during investigation and an attempt is being made under Section 319 Cr.P.C. to summon him.
It is contended by the counsel that Prabal Pratap Singh is a influential and leading lawyer of Firozabad and he is not permitting any of his colleagues to plead against him. To buttress his contention he has filed four vakalatnamas of Sri Rahul Parashar, Ram Baran Singh, Dr. Devi Ram Yadav and Mr. Nazim Shafique, all Advocates to contest the case on his behalf. But all the advocates later on, have withdrawn their vakalatnamas from above mentioned Sessions Trial.
Under the circumstances a report is sought from Ist Additional District & Sessions Judge, Firozabad to apprise this Court about ground reality as to whether:-(a) Sri Prabal Patap Singh, Advocate(proposed accused) is a bad character, influential person of the Bar against whom no body is daring to appear. (b) Is it true that all the four advocates have withdrawn their vakalatnamas just on account of his terror or there is some other good reasons for withdrawing their respective vakalatnamas. List this matter on 14.12.2018.
Let copy of this order be given to learned AGA for transmitting the order and have a report from concern Additional Sessions Judge in a sealed cover."
In pursuance of the aforesaid order, the 1st Additional Sessions Judge, Firozabad, has sent his report dated 07.12.2018 stating that the first information report was lodged against Prabal Singh, Baljit Singh and Vijay Singh, but charge-sheet has been submitted against only Baljit Singh. It has not come to the notice of court that Prabal Singh, Advocate is an influential person. Counsels engaged on behalf of the applicant, Sonu, are Sri Rahul Parashar, Sri Dr. Deviram and Sri Ramvaran Singh. Sri Nazim Safiq, Advocate has not filed any Vakalatnama on record. It is correct that Dr. Deviram, Advocate has withdrawn his Vakalatnama from this case, but other counsels are there. Statements of PW-1, PW-2, PW-3 and PW-4 have been recorded and they have also been cross-examined. Thereafter, an application under Section 319 Cr.P.C. has been filed, which is being heard.
In view of the report of 1st Additional Sessions Judge, Firozabad dated 07.12.2018, it appears that the prosecution witnesses have already been examined and cross-examined. The trial is ripe for final decision and the allegation that Prabal Singh, Advocate, who is an influential person and is interfering with the fair trial, does not appears to be correct.
Earlier also, the applicant had approached this Court by way of Transfer Application (Criminal) No. 67 of 2016, which was disposed of with the direction, the applicant shall approach Superintendent of Police for protection.
The learned counsel for the appellant has submitted that protection has been provided to him accordingly. The trial court is expected to conclude the trial within six months. Prayer for transfer of trial is refused.
With the aforesaid observations, this application is dismissed.
Order Date :- 30.1.2019 Ruchi Agrahari