- (1.) Heard learned Counsel for the applicant and learned A.G.A. who has accepted notice and appeared for State of U.P. O.P. No. 1. Perused the record. This is a transfer application made under section 407, Cr.P.C. by Smt. Gautam Devi to transfer proceeding of Case No. 11/2011, State v. Kunwar Pal under section 145, Cr. P.C. police station Delhi Gate, Aligarh after setting aside the order dated 29.4.2013 passed by learned Sessions Judge, Aligarh in Transfer Application No. 176/2013 Smt. Gautam Devi v. State of U.P. and others.
(2.) The grounds of transfer as mentioned in the petition and argued by the learned Counsel for the applicant are of two folds. Firstly; that the learned Executive Magistrate before whom the proceedings under section 145, Cr.P.C. is pending is in hurry to finally dispose it of by fixing short dates and now he does not allow sufficient time to her learned Counsel for preparation of the arguments and secondly; that the opposite party No. 2 is often seen sitting in the chamber of City Magistrate (Executive Magistrate) creating doubt in her mind that probably the learned Executive Magistrate will pass the order in his favour. The aforesaid grounds are supported by affidavit of the applicant.
(3.) Learned A.G.A. has opposed the transfer application.;