Rahul Chaturvedi, J. - (1.) Heard Sri A.K. Mishra, Sri S.S. Tripathi, learned counsel for the applicants, Sri Gaurav Singh Chauhan, learned counsel for opposite party no. 2 who has filed counter affidavit as well as learned A.G.A. and keenly perused the record.
(2.) The jurisdiction of Section 407 Cr.P.C is being invoked to transfer the Sessions Trial No.715 of 2017 under Sections 498A, 323, 504, 506, 307 IPC and Section 3/4 D.P. Act arising out of Case Crime No.161 of 2011 Police Station-Kotwali, District-Aligarh pending in the Court of Additional Sessions Judge-I, Aligarh to some other court of competent jurisdiction in the neighbouring district of Aligarh with the allegation that keeping in view the conduct of the Presiding Judge, Aligarh, the applicant has lost faith in him and apprehends that they would get justice from the concerned court.
(3.) Learned counsel for the applicants has submitted that in the year 2011, the FIR came into existence by one Mohd. Aneesh s/o Abdul Majeed roping the entire family of Amjad Ahmad and Asraf Ahmad, two real brothers marrying two real sisters of the informant namely Mehnaaz and Naazma attributing a general role to all the accused persons. But during investigation, the police has gropped the name of seven accused persons and has submitted the report under Section 173(2) Cr.P.C. only against five accused persons including the applicants who are 'Nanad' and 'Nandoi' and resides at Agra. After being charge-sheeted, the applicants were bailed out and have moved an application under Section 227 Cr.P.C. seeking discharge from the allegation of attempt of murder and dowry harassment. This application for seeking discharge was filed wayback on 25/26.01.2017 and even after lapse of considerable period when the same was not decided by the learned trial Judge for one reason or the another. Left with no option, the applicant approached this Court by invoking the inherent power of Section 482 Cr.P.C. bearing Application U/S 482 No. 37866 of 2018 raising their reasonable apprehensions that the learned trial Judge is more interested in framing charges against the applicant instead of deciding the discharge application which is pending since January, 2017. It is further alleged by the applicant that it is really cumbersome to appear before the court at Aligarh from Agra on every date as per direction of the learned trial court to get their discharge application decided. Co-ordinate Bench of this Court vide order dated 24.10.2018 eventually disposed of the said application with the following directions :- "The grievance of the applicants is that on each and every date the court is compelling them to appear, but their discharge application is not being decided. This application is disposed of directing the court below to decide the discharge application of the applicants within a period of one month from today. During this period the applicants shall not be compelled to appear personally before the court.";