Rishi Mohan Nautiyal vs State Of U.P. & Another
2014 Latest Caselaw 7796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 715 of 2008
 

 
Applicant :- Rishi Mohan Nautiyal
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- P.S. Pundir
 
Counsel for Opposite Party :- Govt. Advocate,R.K. Dubey
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard learned counsel for the applicant Sri Ashok Kumar and the standing counsel for the State.  

2. This is an application seeking transfer of case No. 2907/IX of 2008 (State Vs. Rishi  Mohan Nautiyal) pending in the court at Moradabad to any adjacent district on the ground that on 11.9.2008 when the applicant went to appear in the Court at Moradabad, he was beaten by opposite party no. 2 and some others and he received severe injuries.

3. It is stated that the applicant submitted an application to the Senior Superintendent of Police,Moradabad and sent a copy thereof to the Judge, Family Court, Moradabad as also Addl. Chief Judicial Magistrate, Court No. 1, Moradabad on12.9.2008. It is thus pleaded that the matter should be transferred from Moradabad to any other Court.

4. From the record, it is evident that the alleged incident is of 2 pm on 11.9.2008 but he alleged letter/complaint was made on 12.9.2008 to the Incharge, police station Civil Lines, Moradabad, SSP, Moradabad and Family Court etc. I do not understand as to why immediately the applicant could not make any complaint to the court concerned though could find time to obtain medical report from district hospital, Moradabad. The story set up by the complainant is neither trustworthy nor inspires confidence. In do not find any ground to allow this application.

5. The application is accordigly rejected.

Order Date :- 29.10.2014

SKS/AKN