Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 172 of 2018 Applicant :- Sukhram Opposite Party :- Meena Devi And Another Counsel for Applicant :- Krishan Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Akash Mishra, Advocate holding brief of Sri K.M. Mishra, learned counsel for the applicant, learned AGA for the State and perused the record.
The present application has been moved for transferring the Case No.120 of 2011 (Smt. Meena Devi Vs.Sukhram) under section 125 Cr.P.C. P.S. Shahganj, District Agra to the Court having competent jurisdiction to the adjacent district like Mathura, Hathras, Ghaziabad or Aligarh.
The applicant has sought transfer of the Case No.120 of 2011 (Smt. Meena Devi Vs.Sukhram) under section 125 Cr.P.C. outside the District Agra on the ground that on 12.1.2017 when the applicant was going to attend the Court, he was misbehaved by his wife opposite party no.1 and two others with threatening of life and again on 27.1.2017 when he was waiting for call of his case within the Court premises, the opposite party no.1 and son of applicant abused him and on his protest, they beaten him due to which he could not go to the court room.
It is contended by learned counsel for the applicant that evidence of both the parties has been completed and case is scheduled for final hearing; that the applicant is residing at Gautam Budh Nagar.
Learned AGA opposed the prayer of transfer application.
Upon hearing learned counsel for the applicant and learned AGA for the State and perusal of record, I find that regarding the alleged incidents dated 12.1.2017 and 27.1.2017 applications at A-2 and A-3 are alleged to have been given at P.S. New Agra (Agra) without lodging of any F.I.R. and there is no injury report on record to show the injuries, if any, sustained on 27.1.2017 and even no application in above respect is alleged to have been moved to the court concerned regarding the conduct of opposite party no.1. However in any case, if the applicant has any apprehension, he may move application before S.S.P., Agra, who may look into the matter and provide him necessary security as required. I find that by transfer of case which is at final stage, outside the district Agra, the opposite party no.1 who is wife of applicant may feel inconvenience and hardship may occur to her.
In view of discussions made above, I have come to the conclusion that the applicant has failed to show that its transfer will tend to general convenience of the parties or witnesses, or is expedient in the interest of justice. The application has no force and is liable to be dismissed.
The present transfer application is dismissed accordingly.
Order Date :- 30.4.2018 Tamang