VIJAI KUMAR CHIB Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. A FIR was lodged by the applicant at Police Station Hariparwat district Agra for registering the case under Sections 294/341 IPC against the respondent No. 2 Ajay Nigam. The allegations in this FIR were that on 30-5-1997 at about 10. 30 a. m. when the applicant, Vijay Kumar Chib was taking his daughter Sweta Chib, who was a student of B. Com. to her coaching classes on the pillion of his scooter, the respondent No. 2 stopped his motor-cycle in front of the applicant's scooter and asked the applicant where was he taking his beloved and why was he not sending her to college. On the applicant's cries, the witnesses Dr. Umesh Kumar Tripathi arrived at the spot. Even in his presence the respondent No. 2 made some indecent remarks. Thereupon the applicant and Dr. Umesh apprehended Ajay Nigam and took him to the police station Hariparwat and lodged the report at case Crime No. 226 of 1997 under Sections 294/341 IPC. In pursuance of the report a charge-sheet was submitted on 11-11-1997 in the Court of 1st A. C. J. M. , Agra where the case was pending trial.

(2.) THE aggrieved father of the girl had moved this application for transfer of the case out side district Agra to some other nearby district on the ground that the respondent No. 2 had misused his position as an advocate and had on a regular basis filed different applications in an effort to implicate the applicant so that he would withdraw his criminal case against the respondent No. 2 and had even gone to the length of removing the original FIR from the record of the case, and substituting another.

(3.) I also find that a number of applications have been moved by the respondent No. 2 and it appears tome that a consistent attempt has been made to brow-beat the applicant to compel him to withdraw the criminal case against the respondent No. 2. In this regard there was an application under Section 156 (3) Cr. P. C. which had been moved by the respondent No. 2 against the applicant and Dr. Umesh Kumar Tripathi. In response to this application the concerned Court got a preliminary enquiry made by S. I. Sri B. S. Pathak who recorded the statements of neighbours the applicant, Sri Raj Kumar, Bitthal Das and Sri Devendra Kalra. These persons stated that the respondent No. 2 is a man of bad character who was misbehaving with the women of the locality. After this preliminary enquiry, the Court dismissed the application under Section 156 (3) Cr. P. C.