KAPIL CHAUHAN AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
TACR/612/2024 · 2025-04-21
Manoj Bajaj
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 103805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103805 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60034 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 612 of 2024 Applicant :- Kapil Chauhan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jata Shankar,Narendra Singh Counsel for Opposite Party :- G.A.,Sarwar Ali Siddique Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 407 Cr.P.C. seeking transfer of Complaint Case No. 1411 of 2023, titled Smt. Sakshi Vs. Kapil Chauhan and others, under Section 406 I.P.C., Police Station Baghpat, District Baghpat, pending before the Chief Judicial Magistrate, Baghpat to District Gautam Budh Nagar or any other district.
Learned counsel for applicants has argued that the brother of complainant-opposite party no.2 (wife of applicant no.1) is a practicing advocate at Baghpat where the subject complaint under Section 406 I.P.C. is pending and he prays for transfer of the case from Baghpat to Gautam Budh Nagar on the ground that on 11.6.2024, the applicants were threatened by the opposite side.
Learned counsel prays that it would be in the interest of justice, if, the subject case is transferred to Gautam Budh Nagar, which is not at far distance from Baghpat. During the course of hearing, it is not disputed by learned counsel for applicants that process in the complaint case was issued on 15.3.2024 and the accused-applicants are yet to appear, which have been served through bailable warrants. After hearing the learned counsel for applicants and considering his submissions, this Court does not find any merit in the application and merely because the brother of opposite party no.2 is a practicing advocate this alone is not a ground to transfer of the complaint case in the absence of any exceptional circumstance. The application is dismissed.
Order Date :- 22.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad