Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 734 of 2009 Petitioner :- Om Pal Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- V.K. Agnihotri Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicants and the learned A.G.A.
This transfer application has been filed with a prayer to transfer the case no.
251/12 of 2003-Chandra Pal Versus Mahohar Singh and others under sections
409 I.P.C. pending in the court of Chief Judicial Magistrate, Aligarh to any
other competent court of district Etah or any other adjoining district.
It is contended by the learned counsel for the applicants that respondent no.2
is practicing lawyer at Aligarh. He has lodged an F.I.R. and he is extending
threat, he is having the influence in civil court. in this circumstances it is not
possible to get justice from the court at Aligarh.
In reply to the above contention it is submitted by the learned A.G.A. that the
contention made by the learned counsel for the applicants is having no
substance because in this case after investigation the final report has been
submitted, if there is no offence, the applicants would not have been
summoned.
Considering the submissions made by the learned counsel for the applicants
and the learned A.G.A. and from the perusal of the record, it appears that
there is no good ground for transfer of the case from the court of Aligarh to
any other court. Therefore, the prayer for transfer of the case is refused.
However, it shall be open to the applicants to move an application before the
police authority. In case, he is having any grievance against O.P. No. 2.
With the above direction this petition is finally disposed of.
Order Date :- 4.1.2010
N.A.