AKHIL MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Ashish Pandey, learned counsel for applicants, Sri Prashant Verma, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.

(2.) The Transfer Application No.73 of 2016 has been moved by accused-applicants Akhil Mishra, Smt. Urmila, Alavya Mishra, Smt. Preeti Mishra, Smt. Preeti Tripathi, Aseen and Pappu for transfer of Case No.1263 of 2015 (State Vs. Smt. Urmila and others), arising out of Case Crime No.715 of 2014, under Sections 498-A , 307 , 323 , 504 , 506 I.P.C. and Section 3/4 D.P. Act pending in the court of Chief Judicial Magistrate, Mainpuri to any adjoining district and Transfer Application No.141 of 2017 has been moved by accused-applicants Shiv Shanker Mishra and Vivek Tripathi for transfer of S.T. No.220 of 2015 (State Vs. Shiv Shanker and others) arising out of Case Crime No.715 of 2014, under Sections 498-A , 307 , 504 , 506 I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali, District Mainpuri pending in the court of Additional District and Sessions Judge/Fast Track Court No.1, Mainpuri to any other district.

(3.) Learned counsel for applicants contends that applicant no.1 Akhil Mishra is son-in-law of opposite party no.2 being husband of his daughter Smt. Minakshi and applicant nos.2 to 9 are family members of applicant no.1; that opposite party no.2 is practicing advocate of District and Civil Courts, Mainpuri, Senior Member of Bar and is an influential person of district Mainpuri; that due to influence of opposite party no.2 a Senior Advocate the applicants-accused persons are unable to get a lawyer of their choice to contest the case and though they contacted and engaged several lawyers, but subsequently they refused to do pairavi on their behalf; that one Sri Vijay Pratap Singh, Advocate engaged by applicants subsequently withdrew his Vakalatnama on the ground that he was previously engaged by opposite party no.2; that opposite party no.2 being a Senior Advocate has got filed Vakalatnama of several lawyers on his behalf as per annexure-7 to Transfer Application No.141 of 2017; that due to influence of opposite party no.2 a Senior Advocate, nobody is ready to contest case in personal matter of daughter of opposite party no.2 and applicants are unable to get any suitable lawyer and have no hope of fair trial of the case at Mainpuri; that unless the case is transferred to some other district they will not get justice; that applicants are residents of Haryana and in the interests of justice the trial of above cases is required to be transferred to some other Sessions Division.