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2025 DAILYLAW 103626 (ALL)

BUNTY v. State of U.P. AND 3 OTHERS

TACR/629/2024 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58465 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 629 of 2024 Applicant :- Bunty Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mayank Yadav Counsel for Opposite Party :- G.A.,Shyam Murari Upadhyay Hon'ble Manoj Bajaj,J. Applicant-Bunty has filed this petition under Section 447 B.N.S.S. for transfer of Sessions Trial No. 269 of 2024; titled State of U.P. vs. Bunti, under Sections 452, 354, 354B, 376, 511, 506 IPC and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station Baghpat, District Baghpat pending before Additional Sessions Judge/Special Judge (P.O.C.S.O. Act), Baghpat to any other court of competent jurisdiction in the same district. Learned counsel for the applicant has argued that on 10th May, 27th May and 7th June, 2024, the Reader of the trial court had sent the accused outside the court, who alongwith clerk and informant went to the chamber of Presiding Officer, and it raises doubt in the mind of the applicant, if, he would get a fair trial, therefore, he sought transfer of the trial from the said court to any other court of competent jurisdiction by moving an application before the Sessions Judge, Baghpat. Learned counsel submits that the said application has been dismissed vide order dated 28th August, 2024, therefore, the present application is being moved. Upon hearing the learned counsel and considering his submissions, this Court finds that the trial is at the last stage and the conclusion is delayed only because of the accused, as the arguments on his behalf have not been addressed. A perusal of the order dated 28th August, 2024 would show that on 13 occasions, the case was adjourned on the request of the accused, and consistently costs is being imposed upon him. The sole ground raised by the applicant is without any merit, as the same is based upon the bald averments which is not supported by any other material, much less the affidavit of his counsel. Resultantly, no ground is made out for transfer of the case. The application is dismissed. Order Date :- 21.4.2025/Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad