Case Law Details
Mohammad Ahmad Khan Vs State of U.P. & Another (Allahabad high court)
Heard Sri Sushil Kumar Singh, learned counsel for applicant, Sri A.Z.Khan, learned counsel for opposite party no.2 and Sri Yatindra Kumar Agnihotri, learned Additional Government Advocate for State.
The instant application has been moved by the applicant Mohammad Ahmad Khan with a prayer to transfer the proceedings of Misc.Case No. 126 of 2019, pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Utraula, District Balrampur to the Sessions Division District Bahraich or Sessions Division District Ambedkar Nagar or Sessions Division Ayodhya on the ground that three brothers of opposite party no.2, namely, Abid Rabbani Khan, Aqib Rabbani Khan and Amir Rabbani Khan as well as their father Ghulam Rabbani Khan are Advocates and are practising in outlying court Utraula and Balrampur judgship.
Sri S.K.Singh, learned counsel for applicant vehemently submits that earlier the Advocates of Bar Association Utraula had passed two resolutions dated 6.4.2016 and 11.9.2018 wherein it was resolved that no Advocate shall appear or will file any proceedings of the criminal nature against the member of that bar or their families and, therefore, having regard to the fact that three brothers and father of opposite party no.2 are practising Advocates at the court of Civil Judge (J.D.)/Judicial Magistrate, Utraula, the instant case be transferred to the other districts mentioned herein before.
It is also submitted by Sri S.K.Singh, learned counsel appearing for applicant that on many occasions the Advocates having good relations with the opposite party no.2 had beaten counsel of the applicant and, therefore, there is no hope that a fair trial may be conducted at the court of Civil Judge (J.D.)/Judicial Magistrate, Utraula. It is further submitted that the applicant is now residing at Pune and is coming on each and every date to attend the date fixed by the Civil Judge (J.D.) Utraula.
Please become a member. If you are already a member, login here to access the full content.
