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Neutral Citation No. - 2025:AHC:78112 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 661 of 2024 Applicant :- Jamna Prasad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Kumar Mishra,Pardeep Kumar,Ravi Shukla Counsel for Opposite Party :- G.A.,Praveen Kumar,Vijay Kumar Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Code of Criminal Procedure seeking transfer of Session Trial No.306 of 2023, titled State Vs. Omveer and others, arising out of case crime no.25 of 2023, under Sections 498A, 304-B IPC and U/s 3/4 Dowry Prohibition Act, Police Station Balaini, District Baghpat, pending in the court of Additional District and Session Judge, court no.4, Baghpat to any other place of competent jurisdiction.
Learned counsel for the applicant submits that the accused are threatening the complainant. In this regard, learned counsel has drawn the attention of the Court to the complaint dated 10th June, 2024, Annexure No.4 and prays that the pending trial at Baghpat be transferred to some other court of competent jurisdiction, preferably at Hapur where the complainant resides. During the course of hearing, it is not disputed by learned counsel for the applicant that the deposition of P.W.1 in the trial has been recorded and the averment in this regard is contained in paragraph- 9 of the affidavit appended in the application. Further, a perusal of the complaint dated 10th June, 2024 would show that the particulars about the alleged threat by the accused are not
mentioned in the complaint and the same was moved just after the release of the accused on bail. Considering the above background, particularly the fact that the testimony of P.W.1 complainant stands recorded, this Court is not inclined to transfer the case. Dismissed.
Order Date :- 13.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad