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Neutral Citation No. - 2025:AHC:64983 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 646 of 2024 Applicant :- Shri Mukesh Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Awadhesh Kumar Pandey,Chandra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Shri Mukesh has filed this petition under Section 407 Code of Criminal Procedure for transfer of Criminal Case No. 12466 of 2024; titled State vs. Anuj and others, arising out of Case Crime No. 68 of 2024, under Sections 364, 302, 201, 120B IPC, registered at Police Station Ahar, District Bulandshahr pending before Additional Sessions Judge, Anupshahar, District Bulandshahr to any other court of competent jurisdiction in the same district.
Learned counsel for the applicant has argued that on the basis of a complaint by applicant, prosecution of the accused for alleged commission of offence punishable under Section 302 IPC etc. is the subject matter of Criminal Case No. 12466 of 2024, which is pending at Anupshahar. Learned counsel submits that the applicant had named one of the accused Dablu-opposite party no. 6, who participated in the crime, but during investigation, he was wrongly declared innocent and the said person is now extending threats to the applicant-informant. He prays for transfer of the case. During the course of hearing, it is fairly stated by the learned counsel that the prosecution has examined four witnesses including the applicant. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, as the opposite party no. 6 is not an accused in the subject trial, who is also not related to any of the other accused persons. Since, the testimony of the applicant has already been recorded, and nothing has been shown that before the trial court any such grievance was ever raised by the applicant.
No case is made out for transfer of the case. Resultantly, the application fails and is hereby dismissed.
Order Date :- 28.4.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad