- (1.) HEARD Sri S.M.A.Kazmi, learned Senior Advocate, assisted by Sri Saiful Islam Siddiqui, learned counsel for the applicant, Sri Ankur Tandon, Advocate, holding brief of Sri Manish Tewari, learned counsel for opposite party no.2, learned A.G.A and perused the record.
(2.) THIS is an application under Section 407 Cr.P.C. filed by applicant seeking transfer of Session Trial No.201 of 2007 (State Vs. Rakesh Srivastava Nyayik), pending in the Court of Special Judge, SC/ST Act, Varanasi to some other district on the ground that opposite party no.2, complainant, is influential person in Varanasi and therefore, applicant has several apprehension, which have been detailed in the application.
(3.) IN fact further proceeding of trial was stayed by this Court in 2008 and for the last six years and more, nothing has proceeded in the matter. Facts in brief as disclosed in the affidavit accompanying transfer application are, that, the applicant is a social worker. He is also author of the book on the subject of Life of prisoners in U.P., titled as "Jail Apradh". A number of other facts have been stated in respect of various other litigations in which the applicant is involved, which, according to him were for reform of social system, exposure of mafia, bureaucrats and politicians' nexus etc, which in my view is not necessary to be detailed so far as this transfer application is concerned. Suffice it to mention that the applicant is a retired Custom Officer. FIR was lodged on 27.05.1990 by the applicant's father against one Rajendra Kumar Gaur who is alleged to be closest man of Awadhesh Rai, brother of respondent no.2. In the aforesaid matter, chargesheet was filed and Sessions Trial No. 155 of 1991 under Sections 452/307/504 IPC commenced in the Ciourt of 8th Additional Sessions Judge, Varanasi. It is said that the aforesaid report caused reason of enmity between applicant and his family vis a vis the family of Awadhesh Rai, elder brother of respondent no.2 Ajay Rai.;