IMPORTANT POINT
The court established that the apprehension of bias and threats to personal safety are valid grounds for transferring a case to ensure a fair trial, as per Section 407 of the Cr.P.C.

JUDGMENT :

1. Heard Shri Surya Bux Singh, learned Counsel for the applicant, Shri Udai Bhan Pandey, learned Counsel for the opposite party Nos. 2 to 4, Shri Ashok Kumar Singh, learned A.G.A-I for the State-opposite party No.1 and perused the entire material placed on record.

2. This application under Section 407 Cr.P.C. has been moved on behalf of applicant, namely-Smt. Ankita Singh with a prayer to transfer the proceedings of Case No.5024 of 2021 (State vs. Ashish Singh and Others) arising out of Case Crime No.651 of 2020 under Sections 498A, 323, 504 and 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station-Kotwali Ayodhya, District-Ayodhya pending in the court of Chief Judicial Magistrate, Ayodhya to the competent Court at District Gorakhpur.

3. Learned Counsel for the applicant submitted that the marriage of applicant was solemnized with the opposite party No.4 on 29.11.2016 and after marriage she was being victimized for demand of dowry, then under the compulsion of harassment and torture, a complaint was made to National Commission for Women and an FIR was lodged on 07.09.2020. He further submitted that applicant is a resident of Gorakhpur, but under the order of National Commission for Women, the FIR was lodged at Ayodhya.

4. Learned Counsel for the applicant further submitted that one Rakesh Kumar Singh (accused in the F.I.R.) is the Uncle (Chacha) of the opposite party no. 4 and is currently serving in Uttar Pradesh Police and at the time of lodging of the FIR, he was posted as Sub-Inspector in District Bahraich and being in the Police department he interfered in the investigation of the case, therefore, proper investigation was not done by the investigating officer as the Uncle of the opposite party no. 4 was exercising his influence.

5. Learned Counsel for the applicant further submitted that the applicant being aggrieved by the interference in the investigation made by Rakesh Kumar Singh, moved an application dated 30.11.2020 before the Additional Director General (Zone), Uttar Pradesh Lucknow to transfer the Case Crime No. 651 of 2020 under sections 498A and 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station-Kotwali Ayodhaya, District Ayodhaya to District Gorakhpur as the applicant/ first informant is lady and is unable to do pairvi and appear before the investigating officer at Ayodhya and it was also stated in the application that accused persons are influential persons of the locality and are interfering with the investigation. He further submitted that thereafter, the matter was referred to the Additional Director General (Crime), Police Headquarter, Lucknow with the recommendation that the case of the applicant be transferred to District Gorakhpur from District Ayodhya, however, despite the recommendation being made by Additional Director General (Zone), Lucknow to transfer the case from Ayodhya to Gorakhpur, the same was not done due to the fact that Rakesh Kumar Singh (accused in the F.I.R.) was posted in nearby District as Sub- Inspector and was regularly interfering with the investigation.

6. Learned Counsel for the applicant further submitted that ultimately the investigation was conducted in a hasty manner exonerating Rakesh Kumar Singh of all charges and the charge sheet was only submitted against opposite parties nos. 2 to 4 only under section 498A I.P.C. and sections 3/4 of Dowry Prohibition Act on 06.04.2021.

7. Learned Counsel for the applicant further submitted that on the aforesaid chargesheet cognizance has been taken by the learned Magistrate on 22.07.2021. He further submitted that applicant/ first informant is lady and her father is aged about 63 years and there is no other male member in the family of the applicant to accompany her from Gorakhpur to Ayodhay on each and every date for appearance before the trial court.

8. Learned Counsel for the applicant further submitted that the applicant is living with her parents at parental house in Gorakhpur and the opposite pa