- (1.) HEARD Sri S.P. Shukla, learned counsel for the applicant and Sri Anand Mohan Pandey, learned counsel for the opposite party no.2.
(2.) PRESENT transfer application has been moved with the prayer to transfer the complaint Case No.167 of 2009 under Section 323, 504, 506 IPC pending in the Court of ACJM, Court No. 7, Allahabad to some other District Court.
(3.) THE opposite party No.2 is the complainant and a practicing Advocate in District Court at Allahabad. The transfer application has been filed with the allegation that on 26.4.2013, when the case was called out, the opposite party no. 2, who is complainant in Criminal Case entered inside the court room alongwith several advocates and hurled abuses to the applicant in the Court. The opposite party no. 2 and his associates used unparliamentary language against the Presiding Officer. The proceeding was adjourned on account of the said act. The applicant is apprehending that the opposite party no. 2 may misuse the process of the Court and may manhandle him, if the case, is being proceeded in District Court at Allahabad. By the order dated 4.10.2013 this court has called for comments from the Presiding Officer of the Court concerned. The comments of the Court below have received vide letter dated 24.10.2013. The concerned court below has brought on record the order dated 26.4.2013 which shows that the opposite party no. 2 and his associates created ruckus in the Court on 26.4.2013.;