Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 563 of 2006 Petitioner :- Bhikam Pal Singh & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- A.R. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for the respondent no. 2 is not present.
This transfer application has been filed by the applicant Bhikam Pal Singh,
Tillo @ Bhanu Pratap, Harendra Pal Singh and Pravendra Pratap Singh @
Grees with a prayer that the proceedings of Case No. 3988 of 2006 arising out
of case crime no. 294 of 2002 under section 498-A/506 I.P.C. and 3/4 D.P.
Act, P.S. Jalesar, District Etah (State Vs. Bhikam Pal Singh and others)
pending in the court of learned ACJM, Etah may be trasnferred to Aligarh,
Agra or Firozabad.
From the perusal of the record, it appears that the above mentioned
proceedings is initiated on account of husband and wife.
It is contended by the learned counsel for the applicant that the alleged victim
is residing at her husband house but the family member of the alleged victim
are extending the threats and they are not permitted the applicants to appear in
the Court of Etah. But there is no such material to show that the applicants
shall not be allowed to enter to Court campus of Etah. There is no good
ground to transfer the case from Etah to other district, such prayer is refused.
The interim order dated 16.11.2006 is hereby vacated.
However, it is directed that in case applicants moved application before SSP,
Etah for providing the security for the purpose of attending the court the same
shall be provided for a limited purpose to attend the court only.
With this above direction, this application is finally disposed of.
Let a copy of this order may be communicated to learned district and sessions
judge within a week, so that the proceeding of the above mentioned case may
be initiated further.
Order Date :- 7.1.2010
prabhat