- (1.) V. N. Mehrotra, J. These petitions have been filed by the petitioners Mahendra Singh and others for transfer of Criminal Case No. 1127 of 1990 Awnish v. Dharmendra Singh and others under Sections 498-A, 504 and 506, I. P. C. Criminal Case No. 1615 of 1990 Awnish v. Dharmendra Singh and others under Sections 403/406, I. P. C. ; Criminal Case No. 1892 of 1990 Awnish v. Dharmendra Singh and others under Sections 323/506, I. P. C. pending in the Court of C. J. M. Etawah and Criminal Case No. 407 of 1990 Awnish v. Dharmendra Singh and others under Section 125, Cr. P. C. pending in the Court of Addition al Chief Judicial Magistrate IV Etawah; to any other Court of competent jurisdiction in any adjoining district such as Mainpuri, Farrukhabad or Kanpur.
(2.) THE brief facts are that Dharmendra Singh, who is also one of the applicants, is the son of Sri Mahendra Singh. THE other three applicants are family members of the same family. Smt. Subhadra Kumari Chauhan was married to Dharmendra Singh. THE opposite party Awnish is the brother of Smt. Subhadra Kumari Chauhan. On the complaint filed by Awnish Singh the accused persons were summoned in Criminal Case Nos. 1127/90; 1615/90 and 1892/90. Apart from this Smt. Subhadra Kumari Chauhan filed a petition under Section 125, Cr. P. C. against Dharmendra Singh. All these cases were pending. The contention by the petitioners is that opposite party Awnish Singh has been enrolled as an Advocate at Etawah. He is the Junior of Sri Raj Bhadur Singh Yadav of that place. Sri Raj Bhadur Singh Yadav has influence over the local police and also well known in the area on account of his daring undesirable activities. It is asserted that whenever the applicant Mahendra Singh or other members went to Etawah, they were threatened and harassed by Awnish Singh and his companions. It is also alleged that applicant Mahendra Singh was beaten and injured and his bag containing Rs. 300/- was also snatched. It is asserted that the applicant moved application and also lodged report mentioning these facts. He was also medically examined by a doctor at Mainpuri as he was unable to get himself medically examined at Etawah. The applicants have filed the copies of these documents and have also filed the affidavit of applicant No. 1 Mahendra Singh. All these events have been mentioned in detail in the affidavit. The opposite parties have filed objection denying the allegations made by the applicant. It is alleged that no ground for transferring these cases has been made out. They have denied that either the applicant No. 1 nor his family members were ever harassed or the applicant No. 1 was ever beaten. The counter affidavit of Sri Ram Sanehi Singh Chauhan, father of opposite party No. 1 Awnish Singh have been filed in all these cases in support of denial. The applicants have filed rejoinder affidavit by applicant No. 1 Mahendra Singh, in which the facts have been reiterated and the allegations made in the counter affidavit have been denied. I have heard the learned counsel for the applicants and the opposite parties and have also considered the affidavits as well as other material on record. In this case it is to be seen as to whether the applicants have made out sufficient ground for transferring these cases from district Etawah to some other district. For this purpose it is to be found whether there was reasonable apprehension in the mind of the applicants that they will not be able to defend the cases properly at Etawah for the reasons mentioned earlier, the applicant Mahendra Singh, in his affidavit, has made various allegations to the effect that he was harassed and beaten as well as threatened when he went to Etawah for the purpose of defending the case. It is also alleged that other family members were also harassed. It is alleged that on two occasions the applicant was actually beaten and that he was also surrounded by a number of Advocates when he reached courts at Etawah. He moved several applications to the authorities concerned mentioning these facts. He also got himself medically examined at the District Hospital Mainpuri on 6. 10. 90 and the doctor found two injuries on his body. These documents together with the affidavits filed by the applicant Mahendra Singh show that the applicants have a reasonable apprehension that they would not be able to defend the case properly if these cases remain pending at Etawah, where the opposite party Awnish Singh is practising as an Advocate.
(3.) CONSIDERING these facts these applications should be allowed. The applications for transfer of these cases are accordingly allowed. As such, Criminal Case No. 1127 of 1990 Awnish v. Dharmendra Singh and others under Sections 498-A, 504 and 506, I. P. C. pending in the Court of C. J. M. Etawah; Criminal Case No. 1892 of 1990 Awnish v. Dharmendra Singh under Section 323/506, I. P. C. pending in the court of Chief Judicial Magistrate, Etawah; Criminal Case No. 1615 of 1990 Awnish v. Dharmendra Singh and others under Sections, 403/406, I. P. C. pending in the Court of Chief Judicial Magistrate, Etawah; and Criminal Case No. 407 of 1990 under Section 125, Cr. P. C. pending in the Court of Addl. Chief Judicial Magistrate, IV, Etawah are hereby transferred from these courts to the courts of Chief Metropolitan Magistrate, Kanpur Nagar. The C. M. M. Kanpur Nagar shall either decide these cases himself or transfer the same for disposal to some other Judicial Magistrate of the district. Transfer Application Allowed. .;