Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 531 of 2006 Petitioner :- Mohd. Arif @ Arif Ahmad Tyagi Respondent :- State Of U.P. & Others Petitioner Counsel :- N.I. Jafri Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present transfer application has been filed for transferring the proceedings
of Complaint Case No. 1316 of 2005 (Arif Ahmad Tyagi Vs. Rahat and
others) under Section 147/148/323/504/506 I.P.C. and Criminal Case No.
1498 of 2004 (State V. Arif Ahmad Tyagi and others) under Section 125/2004
and 325/323/504 and 506 I.P.C.both cases are pending in the Court of learned
A.C.J.M. Hapur, Ghaziabad to the court of Baghpat or to the competent
jurisdiction at any other District Court.
It is contended by learned counsel for the applicant that the applicant,
whenever, went to attend the Court at Ghaziabad the opposite parties along
with his associates threatened the applicant to compromise the matter failing
which, he will face dire consequences. It is next contended that the applicant
apprehends danger to his life, if he pursue the case at Ghaziabad therefore, it
is prayed that the matter may be transferred to any other District.
The present transfer application is finally disposed of with the direction that in
case the applicant apprehends danger to his life and person, he may move an
appropriate application along with the certified copy of order of this Court
before the Superintendent of Police, Ghaziabad with regard to his safety, on
the dates fixed in the aforesaid case, the same shall be considered and
disposed off as expeditiously, as possible, in accordance with law, preferably
within a period of 15 days from the date of filing of such application along
with certified copy of the order of this Court before him.
Order Date :- 2.8.2010
Sunil Kr Tiwari