Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77799 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 640 of 2024 Applicant :- Ameer Faisal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Ameer Faisal has filed this petition under Section 407 Code of Criminal Procedure for setting aside the impugned order dated 9.10.2024 passed by Sessions Judge in Criminal Case (Transfer Application) No. 338 of 2024, whereby his transfer application has been rejected, with the further prayer to transfer Sessions Trial No. 806 of 2022; titled State vs. Shamshad Hussain @ Dampi, arising out of Case Crime No. 460 of 2021, under Sections 302, 323, 504, 506 IPC pending before the Additional Sessions Judge, Court No. 3 to any other court of competent jurisdiction in the same district. When the case is called out, no one has appeared on behalf of the applicant. Learned counsel for the opposite party no. 2 is present. This is the second application moved by the applicant-complainant for transfer of the trial to some other court of competent jurisdiction in District Bareilly, as the real brother of the opposite party no. 2-accused is a practicing Advocate. A perusal of the paper book would show that a similar prayer was made by the applicant through Transfer Application (Criminal) No. 421 of 2023 and the same was allowed on 5th October, 2023, but at that stage, no prayer for transferring the trial outside Bareilly was made. At this stage, learned State Counsel has pointed out that the trial is at the advanced stage as the explanation of the accused under Section 313 Cr.P.C. stands recorded. Considering the above background, particularly the previous order dated 5th October, 2023, as well as the stage of the trial, this Court is not inclined to transfer the subject case. Resultantly, the application fails and is hereby dismissed.
Order Date :- 13.5.2025 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