PURSHOTTAM DAS AGARWAL Vs. RAJESH

JUDGEMENT

(1.) Heard Sri Sukhendu Pal Singh, learned counsel for the applicant, learned A.G.A.for the State of U.P. and perused the application, its counter affidavit, supplementary counter affidavit filed on behalf of the Opposite Party No. 1 and 2 and its rejoinder affidavit filed by the applicant.

(2.) The applicant Purshottam Das Agarwal has moved this application under section 407 Cr.P.C.with a prayer that the proceedings of Sessions Trial No. 716 of 2008 ( State Vs. Rajesh and others ) under sections 307, 504/34 I.P.C., Police Station Sadar Bazar, District Mathura, pending in the court of XIth Additional Sessions Judge /FTC No. 2, Mathura may be transferred to any adjoining District of Mathura except District Aligarh.

(3.) The facts, in brief, of this case are that FIR of this case has been lodged by applicant on 26.6.2008 at 9.30 P.M.in respect of the incident allegedly occurred on 26.6.2008 at about 8. 30 P.M. in case crime no. 184 of 2008 under sections 307, 506, 34 I.P.C. against opposite party nos. 1 and 2 alleging therein that on 26.6.2008 at about 8.30 P.M., the first informant was standing at his residence, the accused Rajesh alias Raju and Kale alias Krishna Kant came there, the accused Raju hurled the abuses and extended the threat to enter into a compromise in the cases of civil and criminal nature, the first informant refused to do so, the co-accused Raju alias Rajesh fired at him, consequently, he sustained injuries, thereafter the accused persons fled away by riding on motor cycle.