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2025 DAILYLAW 108825 (ALL)

KM SADHANA DEVI v. STATE OF U.P. AND ANOTHER

TACR/732/2024 · 2025-05-12

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78319 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 732 of 2024 Applicant :- Km Sadhana Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Maurya Counsel for Opposite Party :- G.A.,Ram Raksha Tiwari Hon'ble Manoj Bajaj,J. Applicant-Complainant has filed this application under Section 407 Cr.P.C. seeking transfer of Case No. 2923/1X of 2024, titled State Vs. Rahul Gupta, arising out of Case Crime No. 137 of 2024, under Section 328, 376, 342, 504, 506, 507 I.P.C., Police Station Kamasin, District Banda, pending before the Additional Sessions Judge, Banda to some other court of competent jurisdiction at Hathras or Agra. Learned counsel for applicant submits that the accused-opposite party no.2 is extending threats to the applicant for compromising the subject case of rape. Learned counsel has drawn the attention of the Court to the complaint dated 27.11.2024 submitted by complainant to the Station House Officer, District Banda, and prays that in this background, it would be appropriate if, the pending case is transferred from Banda to Hathras or Agra. During the course of hearing, it is not disputed by learned counsel for applicant that complainant had herself lodged the F.I.R. at Banda where her agricultural land is also situated. Further, admittedly no action has been taken upon the application dated 27.11.2024, as no case has been registered. Thus, mere submission of the complaint, which lacks material particulars would not be enough for transfer of the case. The application fails and is hereby dismissed. Order Date :- 13.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad