Court No. - 29 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 323 of 2010 Petitioner :- Ghanshyam Pathak Respondent :- State Of U.P. & Another Petitioner Counsel :- Madan Lal Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
This transfer application under section 407 of Cr.P.C. has been
filed for transfer of the proceedings of Criminal Case No.8968 of
2006 (State Versus Ghanshyam Pathak), under section
466,471,193 and 420 I.P.C., Police Station Cantt, District Varanasi
pending before IInd Additional Chief Judicial Magistrate,
Varanasi.
The only relevant averment made in the transfer application for the
purpose of seeking transfer is in paragraph 8, namely one
Vireshwar Shukla and Vikas are working as Peshkar and Clerk in
the Court of Chief Judicial Magistrate, Varanasi and they bear
enmity to the applicant. Reference has also been made to one
Shiva Chand Tripathi, Advocate asking him to compromise the
matter. Similarly, allegation have been made in respect of uncalled
for harassment by Gaya Singh, Tunna Rai. It is on these grounds
that the petitioner has made the transfer application.
I find that no employee working under the Additional Chief
Judicial Magistrate is alleged to have any enmity with the
petitioner.
Without entering into the correctness of the allegations as to
whether the staff of the learned Chief Judicial Magistrate bears any
enmity with the petitioner or not, I am of the considered view that
the allegations so made are wholly out of context and do not
constitute a good ground for transfer of the proceeding from the
Court of Additional Chief Judicial Magistrate. Present application
is based on mere apprehensions.
The transfer application is rejected.
Order Date :- 21.6.2010
VS.