Allahabad High Court
Prem Prakash Pandey vs State Of U.P. & Another on 9 May, 2014
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 27
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 393 of 2013
Applicant :- Prem Prakash Pandey
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- S.P. Shukla,Smt. Nilam Shukla
Counsel for Opposite Party :- Govt. Advocate,Anand Mohan Pandey
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri S.P. Shukla, learned counsel for the applicant and Sri Anand Mohan Pandey, learned counsel for the opposite party no.2.
Present transfer application has been moved with the prayer to transfer the complaint Case No.167 of 2009 under Section 323, 504, 506 IPC pending in the Court of ACJM, Court No. 7, Allahabad to some other District Court.
The opposite party No.2 is the complainant and a practicing Advocate in District Court at Allahabad. The transfer application has been filed with the allegation that on 26.4.2013, when the case was called out, the opposite party no. 2, who is complainant in Criminal Case entered inside the court room alongwith several advocates and hurled abuses to the applicant in the Court. The opposite party no. 2 and his associates used unparliamentary language against the Presiding Officer. The proceeding was adjourned on account of the said act. The applicant is apprehending that the opposite party no. 2 may misuse the process of the Court and may manhandle him, if the case, is being proceeded in District Court at Allahabad.
By the order dated 4.10.2013 this court has called for comments from the Presiding Officer of the Court concerned. The comments of the Court below have received vide letter dated 24.10.2013. The concerned court below has brought on record the order dated 26.4.2013 which shows that the opposite party no. 2 and his associates created ruckus in the Court on 26.4.2013.
By the order dated 11.11.2013 this Court has stayed the proceeding of complaint Case No. 167 of 2009 and further called for the report of the District Judge as to whether any action has been taken against the erring persons. Reminder was sent to the ACJM, Allahabad. In his report dated 21.12.2013 and 13.1.2014 the ACJM Court No.7, Allahabad submitted that the opposite patty no. 2 used unparliamentary language in the Court on the date fixed i.e. 26.4.2013. However, the concerned judicial officer has been transferred from the District Court, Allahabad and further no action was taken against the erring Advocate.
Having perused the report of the ACJM, Court no. 7 dated 24.10.2013, 21.12.2013 and 13.1.2013, this Court finds that the opposite party no. 2 is guilty of creating ruckus in the Court. His action is to be condemned in so many words. However, in order to give him concession to improve himself, no direction is being given to take any action against the opposite party no.2 who is a practicing lawyer at District Court at Allahabad. In view of the above, in order to subserve the ends of justice, the aforesaid case be transferred from Allahabad to District Court,Fatehpur.
Let the record of the aforesaid case be transmitted to the competent court at Fatehpur within one month from today.
The trial court concerned is directed to make an endeavour to expedite the trial of the aforesaid case and decide the same preferably within a period of six months from the date of production of the record of the aforesaid case before it in accordance with law without granting unnecessary adjournments to either of the parties.
With the aforesaid observations, the present application stands allowed.
Order Date :- 9.5.2014
P.P.
