Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 1803 (ALL)

Manne @ Manne Babu Mishra v. State Of U. P.

2017-08-03

SATYA NARAIN AGNIHOTRI

body2017
JUDGMENT : SATYA NARAIN AGNIHOTRI, J. 1. Learned AGA has filed personal affidavit of Mragendra Singh, Superintendent of Police, Sitapur, counter affidavit of Sri Ravindra Kumar Mishra, S.H.O., Police Station Laharpur, District Sitapur and personal affidavit of Sri Akhand Pratap Singh, Circle Officer, Laharpur, same are taken on record. 2. This application has been filed by the applicant with prayer to transfer the Session Trial No. 685 of 2015, arising out of Crime No.246 of 2015, under Sections 147, 302, 120-B/34, IPC, (State Vs. Raghuvanshi and others), Police Station Laharpur, District Sitapur, pending in the Court of Additional District Judge, 1st/Fast Track Court, Sitapur, from Sitapur to District Lucknow or any other District. 3. Heard Sri Abhishek Kumar, learned counsel for the applicant and learned AGA for the State and gone through the record. 4. Learned counsel for the applicant submits that applicant Sri Manne @ Manne Babu Mishra has filed this application under Section 407 Cr.P.C. alleging therein that the son of Sri Chhote Lal Shukla was died in suspicious circumstances in Lucknow, thereafter the daughter of Sri Chhote Lal Shukla was died in her Village Sonsari, Police Station Laharpur, District Sitapur. He further pleaded that the son in law of accused Raghubanshi came to the village of complainant Irapuram, Police Station Talgaon, District Sitapur and carried away the daughter of complainant Smt. Sadhna who was married to Sri Guddu @ Dheeraj who was died in suspicious circumstances in Lucknow. 5. Learned counsel for the applicant further pleaded that in the night of 13/14.07.2015 Sri Chhote Lal Shukla, Smt. Sadhna and Km. Komal were murdered by heavy blunt object in their house, situated in Sonsari, Police Station Laharpur, District Sitapur. The case was registered as crime no. 246/2014, under Sections 147, 302 read with 34 and 173 IPC. In the investigation police committed laxity and did not arrested to the named accused persons. 6. Learned counsel for the applicant also pleaded that the Session's Trial No.685 of 2015, arising out of Crime No. 246 of 2015 was prosecuting in the Court of Additional Sessions Judge/Fast Track Court, Sitapur. The complainant was to be examined, but when he has gone to Civil Court he was not permitted to enter inside the Court premises by the hooligans and associates of accused persons. In the circumstances, the applicant/complainant has no hope for free, fair trial and justice in the Court of Sitapur. The complainant was to be examined, but when he has gone to Civil Court he was not permitted to enter inside the Court premises by the hooligans and associates of accused persons. In the circumstances, the applicant/complainant has no hope for free, fair trial and justice in the Court of Sitapur. Learned counsel further submitted that no advocate is prepared to represent the complainant in the court of Sitapur. That is why he prayed that Session's Trial No. 685 of 2015 be transferred to some other District, so that he may be get free, fair trial and justice in the aforesaid Session's Trial. 7. Learned AGA submitted that the applicant/complainant and accused are resident of District Sitapur and the complainant fails to inform and mentioned the name of that learned Advocate to whom he had approached for representing him in the court of District Sitapur in the aforesaid Session's Trial. He further submitted that applicant failed to mentioned the name of those persons who have created hindrance in his entering inside the Court premises at Sitapur. Moreover the offence was committed in the Village Sonsari, Police Station Laharpur, where complainant himself not residing and he was not present at the time of occurrence. He is only a formal witness, who has filed complaint against the accused persons, who is resident of village Irampuram, Policed Station Talgaon, District Sitapur. 8. Learned AGA also submitted that all the accused persons except Lalaram were arrested by the police and lodged them in jail. As far as the matter of proposed accused Lalaram is concerned, the investigating officer does not find any evidence against him, because on the date of occurrence and time his location was found in District Bulandshahar. That is why the case was dropped against the proposed accused Lalaram. 9. After hearing learned counsel for both the parties and perusing the record and considering the facts and circumstances, I do not find any sufficient reason to transfer the aforesaid Session's Trial from District Sitapur to another District. 10. Since the applicant/complainant expressed fear regarding his life and property. 9. After hearing learned counsel for both the parties and perusing the record and considering the facts and circumstances, I do not find any sufficient reason to transfer the aforesaid Session's Trial from District Sitapur to another District. 10. Since the applicant/complainant expressed fear regarding his life and property. In the circumstances, it would be just and proper and in the interest of justice to order the Superintendent of Police, District Sitapur, to make arrangement of the sufficient police force accompany the applicant/complainant and witnesses from their Village, up to the Court and after their examination in the Court, they carried them safely to their residence, on each and every date fixed by the Court in the matter, with the prior information to the learned District and Session's Judge, Sitapur. 11. In view of the above, the application is disposed of accordingly. 12. Sri Akhand Pratap Singh, Circle Officer, Laharpur, District Sitapur is presence in persons, today. His presence is no more required.