- (1.) SHIV Shanker, J. This is the Transfer Application moved under section 407 Cr. P. C. praying to transfer session trial No. 11 of 2007, State v. Satendra and others, under sections 394, 302, 147, 148 and 149 I. P. C. , P. S. Phugana, District Muzaffar Nagar pending in the Court of Additional District Sessions Judge, Court No. 2 Muzaffar Nagar to any other adjoining District.
(2.) HEARD Sri V. P. Srivastava, Senior Advocate assisted by Sri Mohd. Naushad Siddiqui, learned Counsel for the applicant, Sri Satish Trivedi, Senior Advocate assisted by Sri Anubhav Trivedi, learned Counsel for opposite party No. 2 and learned A. G. A. and perused the record. Learned Counsel appearing on behalf of the applicant has contended that Sri Anil Jindal, Advocate, who is the President of District Civil and Sessions Bar Association, Muzaffar Nagar is appearing on behalf of opposite party No. 2. This fact is not disputed on behalf of opposite party. Therefore, Sri Jindal, President of Bar Association is a very influential person and he is exercising his undue influence in an illegal manner upon the Presiding Officer as well as Sessions Judge, Muzaffar Nagar. This averment is quite evident by the perusal of the order-sheet itself that within 9 months since the commencement of trial, the session trial has been transferred from Sessions Judge, Muzaffar Nagar to Additional Sessions Judge, Court No. 5 Muzaffar Nagar and later on to the Court of Additional Sessions Judge Court No. 2 Muzaffar Nagar. It is further contended that opposite party No. 2 lodged non-cognizable report against the applicant and other accused persons just in order to harass them, so that bail already granted to him, be cancelled. After investigation non-cognizable report lodged against the applicant and other accused persons were found false and it was lodged in consultation of his Advocate. Therefore, opposite party No. 2 and his Counsel is creating pressure on the applicant and other accused persons. Counsel for opposite party No. 2 is also applying pressure upon the Presiding Officer as well as Sessions Judge. Therefore, applicant has no hope that he will get justice from the sessions Court, Muzaffar Nagar.
(3.) IT is further contended that the Counsel of O. P. No, 2 being President of Bar Association is exercising his influence in an illegal and undue manner upon the Presiding Officer. Therefore, applicant and other co-accused persons are not taking proper interest as due to fact that the Counsel of O. P. No. 2 is the President of above bar so the applicant and other accused persons are unable to do proper pairvi of their case. It is further contended that applicant and other accused persons have also serious apprehension that they will be implicated in any other false case. There is also danger to their lives at Muzaffar Na-gar. Therefore, it will be just and necessary in the interest of justice that the above session trial be transferred to any other adjoining district from district Muzaffar Nagar otherwise they will suffer irreparable loss and injury.;