Habibur Rahman And Others vs State Of U.P. & Others
2014 Latest Caselaw 7810 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 33 of 2009
 

 
Applicant :- Habibur Rahman And Others
 
Opposite Party :- State Of U.P. & Others
 
Counsel for Applicant :- Kr.R.C.Singh,Shyam Singh Senger
 
Counsel for Opposite Party :- Govt.Advocate,M.P.S.Chauhan
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard.

2. This is an application filed under Section 407 of Cr.P.C. requesting for transfer of Criminal Case No. Nil of Crime No. 296 of 2007 under section 3/4 of Dowry Prohibition Act  and under section 506 of  IPC, police station Civil Lines, Kotwali, Aligarh (State Vs. Habibur Rahman and others)  from the Court of  Chief Judicial Magistrate, Aligarh to other adjouning districts.

3. It is contended that opposite party no. 2 is a practicing Advocate at Aligarh. Due to his influence in Bar members of the Court at Aligarh, he creates hinderence in legal proceedings and it is also difficult for the applicants to get legal assistance from any counsel at Aligarh. Morever, applicant nos. 2 and 3 are old persons of aged about 73 and 78 years respectively. It is difficult for them to persue the case at Aligarh.

4. However, since both the parties have consented for transfer of the aforesaid case to Bulandshahr/ a third place, I am not going into rival dispute being unnecessary for the case in hand.

5. With the consent of learned counsels for parties, it is directed that riminal Case No. Nil of Crime No. 296 of 2007 under section 3/4 of Dowry Prohibition Act  and under section 506 of  IPC, police station Civil Ines, Kotwali, Aligarh (State Vs. Habibur Rahman and others)  be transferred from the Court of  Chief Judicial Magistrate, Aligarh to competent court at Bulandshahr. The Court at Aligarh shall ensure immediate transmission of record to Bulandshahr Judgeship.

6. With the aforesaid directions, the application is disposed of.

Order Date :- 29.10.2014

SKS