RAJENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. Both aforesaid transfer applications are under Section 407 Code of Criminal Procedure by Rajendra Kumar, seeking transfer of a Crl. Case No. 316 of 1987, Smt. Roopwati v. Rajendra Kumar under Section 125, Cr. P. C. pending in the Court of II Addl. C. J. M. Agra, to some other district and in the second case, to transfer the Crl. Case No. 1190 of 1987; Roopwati v. Rajendra Kumar and others, pending in the Court of the Xth Addl. C. J. M. , Agra, under Section 498-A I. P. C. , to some other districts. In both the cases, Rajendra Kumar applicant is the husband and Smt. Roopwati is the wife of the applicant.

(2.) THE applicant stated that he is the resident of the district of Mainpuri. Smt. Roopwati, opposite party, is the wife of the applicant whose parents are resident of district of Agra. Smt. Roopwati filed a criminal case under Section 498-A I. P. C. and 125 Cr. P. C. Both the cases are pending at Agra Courts. THE allegation of the applicant is that he with his other members of family has to go to Agra for attending the Courts on the date fixed where they are always threatened with dire consequences. On 26. 2. 90 which was the date fixed in the case at Agra, while the applicant was waiting outside the court at about 12 noon Smt. Roopwati accompanied by 10 anti-social elements came there and started beating the applicant with kicks, fists and chappals. THEy all had badly assaulted and caused number of injuries. On intervention of a number of advocates and other persons, the applicant and his brothers could be saved. THE incident was witnessed by a number of persons there including the lawyers, stamp vendors and typists etc. After the beating, the assailants had further extended threats. THE applicant moved application on 26. 2. 90 about the incident to the Superintendent of Police, Agra and sent telegram also to the Senior Superintendent of Police, Agra. Copies of the telegram and applications were sent to the District Magistrate, Agra, also. Prior to this also, on 22. 9. 89, the applicants and his brother had been assaulted by the family members of the opposite party, Smt. Roopwati. THE applications and complaints had also been made at that time in 1989 also. THE applicant states that the opposite party's parents, brothers and associates are bullies. THEy want to malign the applicant and got them humiliated in all possible manner. A counter-affidavit was filed on behalf of the opposite party. It has been stated in the counter-affidavit that the applicant wanted to have dowry from the parent of the opposite party. THEre had been incident of molesting the opposite party No. 2 on behalf of me applicant for which a report to the police station under Sections 323,504,506,354 and 452 was lodged by her which has been registered as Crime No. 89 of 1990, P. S. Etmadulla, District Agra. THE opposite parties stated that the applicants are non-residents of Agra. THEy lived at Agra and filed complaint case numbered 1044 of 1989, showing themselves to be residents of Nagla Bar Jagdishpura, District Agra. THEy allegations is that the applicant is simply interested to delay the proceedings at any cost. THE same allegations are made in the connected application by which the order case is sought to be transferred to some other districts. THE defence of the other case is also on the same line.