GULSHAN MALLIK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Since both the transfer applications pertain to the connected cases, pending in the Court of Chief Judicial Magistrate, Bulandshahr and further since the grounds are common, these are taken together for disposal.

(2.) By filing Transfer Application No. 90 of 1995, the applicants have prayed for transfer of Criminal Case No. 459 of 1995 State v. Vijaya Bhan Mallik and others from the Court of Chief Judicial Magistrate, Bulandshahr to some other district. In the other Transfer Application No. 100 of 1995, similar prayer has been pressed into service for transfer of Criminal Complaint No. 1515 of 1994.

(3.) It is noteworthy that Sri Gulshan Mallik was married to Smt. Indu Mallik, sister of the respondent No. 2, Sri Pavitra Kumar Rawat, a practising Advocate at Bulandshahr District Court. In the year 1994, some differences arose between Gulshan Mallik and his wife Indu Mallik, as a result of which, the latter started living with her brother, Pavitra Kumar Rawat. Her father, Sri Narendra Singh who was then posted as Additional District Judge, Etawah also practised in the District Courts, Bulandshahr for 20 years before joining judicial service and now after his retirement, he has resumed his legal profession in district Bulandshahr. Sri Pavitra Kumar Rawat lodged a First Information Report under S. 498-A, I.P.C. and - Dowry Prohibition Act against Sri Gulshan Mallik, his three sisters and his parents as also his brother-in-law, namely Jitendra. Following the police report, Gulshan Mallik's father Sri Vijaya Bhan Mallik was arrested from his village and he had to remain in jail for a considerable time as many lawyers who were contacted in connection with his bail being under the influence of Sri Pavitra Kumar Rawat refused to appear on his behalf. When one Advocate, Sri Charanjeet Lal agreed with great difficulty and pursuasion to press for the bail application of Sri Vijai Bhan Singh, about hundreds of lawyers along with Sri Pavitra Kumar Rawat, Advocate appeared in the Court of Sessions Judge and abused and manhandled Sri Charanjeet Lal, Advocate. Smt. Indu's father, Sri Narendra Singh, Ad-ditional District Judge, Etawah also appeared in the Court of Sessions Judge to oppose the bail application and exert his influence and pressure upon the Court of Sessions Judge. Under these compelling circumstances, the other accused of the case including Sri Gulshan Mallik filed a Criminal Misc. Writ Petition No. 27756 of 1994 in this Court praying for suitable orders regarding their surrender and bail and this Court, vide its order of 24/08/1994, appreciating the hardship the petitioners had come across, directed that the petitioners shall surrender in the Court of Chief Judicial Magistrate, Ghaziabad who will consider their bail application and it was in pursuance of the said order of this Court that the applicant Gulshan Mallik and his other relatives could secure their bail from the Ghaziabad Court. Sri Vijai Bhan Singh Mallik was also, in the meantime, released on bail vide order dated 30-8-1994 of the Sessions Judge, Bulandshahr. The police after investigation into the allegations of the First Information Report submitted a charge-sheet against 5 out of 7 persons in the Court of Chief Judicial Magistrate which was registerd as Case No. 459 of 1995 State v. Vijai Bhan Singh and others. In the meantime, Sri Pavitra Kumar, Advocate filed a false and fictitious complaint under Ss. 494 and 109, I.P.C. which was registered as Criminal Complaint No. 1515 of 1994 in the Court of Additional Chief Judicial Magistrate, Bulandshahr.