Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 379 of 2006 Petitioner :- Zaibun Nisha Respondent :- State Of U.P. & Others Petitioner Counsel :- B.A. Khan,Salman Ahmad,Sumit Jaiswal Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
List has been revised. None appears on behalf of the respondents to oppose
this application.
Heard learned counsel for the applicant.
This writ petition has been moved on behalf of the prosecutrix/appellant
Zaibun Nisha for transferring the case Crime no. 167 of 2006 under Section
376 I.P.C., P.S. Asmoli District Moradabad pending in the court of Special
Judge E.C. Act/ A. S. J. Moradabad to some other District on the ground that
younger brother of the main accused who was arrested on the spot is a
practicing lawyer in District Court Moradabad and commands considerable
influence in district Court Moradabad as a result of which the petitioner is
unable to procure the services of any lawyer at Moradabad for conducting her
case.
It has also been contended that in case the applicant is required to attend the
case in district court Moradabad her life shall be endangered. Specific
averment in this regard has been made in paragraph no. 31 of the affidavit
filed in support of the transfer application. No counter affidavit has been filed
on behalf of the opposite parties controverting the allegations made in
paragraph no. 31 of the affidavit thus the court is left no option but to accept
the said averment as true.
In view of the above the applicant has made out a ground for transfer of
Criminal Case No. 167 of 2006 under Section 376 I.P.C., P.C. Asmoli, from
District Court Moradabad to District Court Rampur.
For the aforesaid reasons, the transfer application is allowed. The case No.
167 of 2006 under Section 376 I.P.C., P.S. Asmoli District Moradabad
pending in the court of Special Judge E.C. Act/ A. S. J. Moradabad is
transferred to the Court of Chief Judicial Magistrate Rampur. It is further
directed that record of the Case No. 167 of 2006 under Section 376 I.P.C.
shall be transmitted from the Special Judge E.C. Act/ A. S. J. Moradabad to
the court of Chief Judicial Magistrate, Rampur within one month from the
date of production of certified copy of this order.
Order Date :- 6.7.2010
YK