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2025 DAILYLAW 105798 (ALL)

BAL KRISHNA YADAV v. State of UP AND ANOTHER

TACR/659/2024 · 2025-05-12

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78079 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 659 of 2024 Applicant :- Bal Krishna Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sher Bahadur Yadav Counsel for Opposite Party :- Daksha Yadav,G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Code of Criminal Procedure seeking transfer of Case No.643/IX.2023, titled Pawan Yadav Vs. Bal Krishna Yadav, under Section 138 Negotiable Instruments Act, 1881, Police Station- Atarra, District Banda, pending in the court of Judicial Magistrate Atarra, District Banda to the competent court of jurisdiction at Prayagraj. Concededly, the applicant- accused is yet to put in appearance before the trial court pursuant to the summoning in the complaint under Section 138 Negotiable Instruments Act, 1881. A perusal of the zimni orders would also show that the applicant is yet to appear before the trial court, and that apart considering the nature of the offence, which is summarily triable, this Court is not inclined to transfer the case. This application is dismissed. Order Date :- 13.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad