Court No. - 66
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 288 of 2019 Applicant :- Smt. Sunita Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Zafar Abbas, learned counsel for the applicant and learned AGA.
The present transfer application has been filed for transferring the proceeding of S.T. No. 1138 of 2017 (State vs. Amit and others) arising out of Case Crime no. 261 of 2017, u/s 498A, 304B IPC and section 3/4 D.P. Act, P.S. Baniyather, District Sambhal pending in the court of Additional Session Judge, court no. 1, Moradabad to Fast Track Court no. 1, Moradabad.
Learned counsel for the applicant submitted that the matter pertains to matrimonial/ dowry death as per the circular dated 29.10.2003 issued by the Registrar General of this Court that the disposal of the cases relating to senior citizens and crime against women shall be tried by the Fast Track Court.
I have carefully gone through the aforesaid circular in which only directions / guidelines have been issued to all concerned court in respect of offences relating to sexual abuse and cruelties in marriage that they are fixed and heard on day to day basis, there are no such directions that the offence of death dowry against women shall be tried by the Fast Track Court.
The main ground of counsel for the applicant is that there were 17 cases relating to death dowry pending in the court of Additional Session Judge, court no. 1, Moradabad, out of which 15 cases have been transferred to Fast Track Court no. 1, Moradabad and the present case and one more case has been retained back by him without any rhyme and reason. He further pointed out that an application for transferring the case was also moved before the Session Judge, Moradabad for transferring the case on which the court had called for comments from the Presiding Officer and rejected the said transfer application on the report submitted by the Additional Session Judge that the trial is pending in his court in which evidence of six witnesses has been recorded and so far the trial is to be decided time bound as per the order of the Hon'ble High Court passed on 31.1.2019 in Crl. Misc. Bail Application no. 49377 of 2017.
Besides it, I may record that in the said transfer application except placing reliance on the aforesaid circular dated 29.10.2003 no other circumstance was placed before the Session Judge that the applicant may not get fair trial by Addl. Session Judge, Court no. 1. Learned counsel could not also point out any prejudice being caused to him if the applicant and other accused are tried by Additional Session Judge, court no. 1, Moradabad.
I am of the considered opinion that any circular issued by the High Court for smooth functioning of the trial court and disposal of the cases are mere directory in nature and besides, in the present case the circular on which the applicant had placed reliance, nowhere states that cases pertaining to dowry death are to be tried by the Fast Track Court.
I do not find any illegality in the order dated 9.5.2019 passed by the Session Judge, Moradabad. The present transfer application has no force and the same is accordingly dismissed.
Order Date :- 29.5.2019 Dhirendra/