Umesh Chandra Srivastava, J. - (1.) Applicant by means of these applications under section 407 Cr.P.C. has sought transfer of Sessions Trial No. 31 of 2007, State versus Karunesh Varma, arising out of case crime no. 07 of 2015 under sections 313, 376, 494, 498A, 506 I.P.C., P.S. Mahila Thana Hazratganj, District Lucknow pending in the court of Additional Sessions Judge/F.T.C.-II, Lucknow and Criminal Misc. Case No. 305 of 2013, Ranjana Srivastava versus Karunesh Varma, under section 125 Cr.P.C., pending in the Court of Additional Principal Judge, Family Court, Lucknow to any other district.
(2.) Heard Shri Dinesh Kumar Mishra, learned counsel for the applicant, learned AGA for opposite party no. 1, Shri Anurag Shukla, learned counsel for the opposite party no. 2 and perused the record.
(3.) Learned counsel for the applicant submits that opposite party no. 2 Smt. Ranjana Srivastava is not related with applicant in any manner. Applicant merely has acquaintances with her since 2000 when he was staying at Allahabad preparing for competitive examinations. She was then already married having a female child aged 5-6 years. Applicant cleared combined State/Upper Subordinate Services, 2009 and appointed as sub-Registrar at Tehsil Meerganj in Bareilly district in 2012. Applicant after being appointed as sub-Registrar, opposite party no. 2, who is a practicing advocate at Lucknow and has been continuously contesting election of Oudh Bar Association, High Court Lucknow for the post of Vice President unsuccessfully, with malafide intention to harass the applicant and extract money from him, filed a false case of maintenance against applicant claiming herself to be the wife of the applicant which is presently pending in the court of Additional Principal Judge, Family Court, Lucknow being Criminal Misc. Case no. 305 of 2013, Ranjana Srivastava vs. Karunesh Verma. She also filed a false complaint against applicant under section 12 of the Domestic Violence Act, 2005 in the Court of A.C.J.M.-IVth, Lucknow which she subsequently got dismissed as withdrawn after a report being filed against her by the District Probation Officer, Lucknow to the effect that she was not the wife of the applicant but of one K.K. Tiwari. On 21.06.2014 applicant was badly beaten up by opposite party no.2 and her companion Advocates in the corridor of the office of the District Probation Officer when he had gone there in connection with preliminary inquiry of the complaint being conducted by the District Probation Officer. Opposite party no. 2 has also filed a false Criminal case against applicant being S.T. No. 31 of 2007, State vs. Karunesh Varma, arising out of case crime no. 07 of 2015, under sections 313, 376, 494, 498A, 506 I.P.C., P.S. Mahila Thana Hazratganj, Lucknow presently pending in the court of Additional Sessions Judge/F.T.C.-IInd, Lucknow. Applicant has danger to his life from opposite party no. 2 and her companion Advocates in attending the aforesaid cases at Lucknow. He is also unable to find senior counsel at Lucknow to defend himself properly in the cases pending against him on account of opposite party no. 2 being a practicing Advocate, therefore, the aforesaid cases be transferred to any other district in order to secure ends of Justice by providing fair and impartial trial to the applicant.;