Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78108 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 637 of 2024 Applicant :- Nizamuddin Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- Bipin Kumar,G.A.,Mohd. Naushad Siddiqui Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. for transfer of Complaint Case No.11 of 2022 (Nizamuddin vs. Vijay Kumar Srivastava and others), Under Sections 147, 148, 149, 323, 392, 452, 504, 506, 325, 354 I.P.C. read with Section 7/8 Protection of Children From Sexual Offences Act, 2012, Police Station- Chakia, District- Chandauli pending before the Court of Additional Sessions Judge/ Special Judge (POCSO Act, Chandauli to any other Court of competent jurisdiction of nearby district.
Learned counsel appearing on behalf of applicant/ complainant prays for an adjournment. The prayer is declined. A perusal of the averments made in the application would show that the applicant has filed a Complaint Case No.11 of 2022 titled : Nizamuddin vs. Vijay Kumar Srivastava and others who is seeking transfer of the case on the ground that the complainant apprehends that in collusion with the accused/ opposite party nos.2 to 8, the Court concerned is trying to delay the matter though prosecution witnesses have supported the case. At this stage, learned counsel for the accused appears on advance
notice and states that even process against the accused has yet not been issued by the trial Court, therefore, there is no occasion at- least for the accused to delay the proceedings. The above stand of the learned counsel for the accused is not refuted by the learned counsel for the applicant/complainant. Considering the above background, this Court finds that the applicant has filed the application without any valid cause of action, therefore, the same is dismissed with a cost of Rs.5,000/- to be deposited before the Registrar General, High Court, Allahabad, who will, thereafter, forward the same to the High Court Legal Services Committee.
Order Date :- 13.5.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad