Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 423 of 2005 Petitioner :- Anand Pal Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
List revised. Learned counsel for the applicant is not present.
Heard learned AGA for the State and perused the record.
This transfer application has been filed by applicant Anand Pal Singh with a
prayer that the proceedings of S.T. No. 1550 of 2004 (State Vs. Kunwar Pal
Singh and others) arising out of case crime no. 114 of 2004 under Sections
498-A, 304 I.P.C. and 3/4 D.P. Act, pending in the Court of learned 8th
Additional District and Sessions judge, Shahjahanpur may be transferred to
District Bulandshahar.
From the perusal of record, it appears that the applicant is the first informant
in this case. On the basis of the FIR lodged by him, the charge sheet has been
submitted against the accused persons. The learned Court concerned has taken
the congnizance and the matter has come to the Court of sessions. The main
ground taken in the present application is that the applicant and other
witnesses went to depose the evidence to the Court of Shahjahanpur on
31.7.2005. They were assaulted threatened and misbehaved. But from the
perusal of the record it appears that there is no such material by which it could
be said that the applicant and other witnesses are not permitted by the accused
respondents to appear at Shahjahanpur. There is no good ground for
transferring the above mentioned case from Shahjahanpur to Bulandshahar,
such prayer is refused. The interim order dated 19.10.2005 is hereby vacated.
However, it is directed that in case the applicant approaches the S.P.
Shahjahanpur to provide the security on the date fixed at Shahjahanpur Court,
the same shall be provided for a limited purpose without cost to the applicant
and other witnesses.
With the above direction, this application is finally disposed of.
Let a copy of this order may be communicated to learned District and
Sessions Judge, Shahjahanpur within a week so that the court concerned may
proceed further in the above mentioned case.
Order Date :- 7.1.2010
prabhat