Jay Singh v. State Of Uttar Pradesh Thru. Prin. Secy. Deptt. Of Home
2024-05-02
SHAMIM AHMED
body2024
DigiLaw.ai
JUDGMENT : Shamim Ahmed, J. 1. Heard learned counsel for the applicant, learned Counsel for the opposite party No.2 and learned A.G.A. for the State and perused the material placed on record. 2. By means of the instant application filed under Section 407 CrPC, the applicants have sought transfer of Criminal Case No. 890 of 2017 arising out of Case Crime No. 61 of 2017 under Sections 323, 504, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station- Itiathok, District- Gonda from District- Gonda to equally competent court of nearby district preferably to District- Lakhimpur Kheri to try the case. 3. The only ground which has been taken in the transfer application is that the opposite party No.2 alongwith his family members have ambushed the applicants on 05.06.2023 in the court compound at about 11:00 A.M. and started abusing and later engaged into scuffle and threatened the applicants to kill. 4. After considering the submissions advanced by learned Counsel for the parties and after going through the available material, this Court cannot reasonably conclude that the situation in Gonda is not conducive for a fair trial for the applicants. The few instances mentioned by the applicants' counsel may suggest heightened feelings amongst the contesting parties but they do not in my estimation, call for transfer of proceedings to another District. Moreover, it cannot just be the convenience of the applicants but the private opposite parties, the witnesses, the prosecution. The larger issue of trial normally being conducted by the jurisdictional court must also weigh on the issue. When relative convenience and difficulties of all the parties involved in the process are taken into account, the conclusion is inevitable that no credible case for transfer of trial to alternative venues outside the District is made out, in the present matter. 5. Thus, in view of the observations/discussions, this Court finds that there is no good ground for transfer of the case from one District Court to the another. It is just a ploy adopted by the applicants to delay the proceedings of the aforesaid trial as they are having an apprehension that the opposite parties may harm them, which is not a ground to transfer the case from one District to another, if they are aggrieved, they may approach competent forum for redressal of their grievances.
It is just a ploy adopted by the applicants to delay the proceedings of the aforesaid trial as they are having an apprehension that the opposite parties may harm them, which is not a ground to transfer the case from one District to another, if they are aggrieved, they may approach competent forum for redressal of their grievances. Thus, no interference is required by this Court to entertain the instant application moved under Section 407 Cr.P.C. and the same is liable to be rejected. 6. The present application is, accordingly, rejected.