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2025 DAILYLAW 10937 (ALL)

KAPTAN SINGH v. STATE OF U.P. AND ANOTHER

TACR/45/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71156 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 45 of 2025 Applicant :- Kaptan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava,Kuldeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. to challenge the order dated 8.1.2025 passed by Sessions Judge, Hathras in Criminal Misc. (Transfer) Application No. 571 of 2024, whereby his transfer application has been dismissed. Applicant also seeks transfer of Sessions Trial No. 92 of 2017, titled State Vs. Kaptan Singh and others, arising out of Case Crime No. 312 of 2016, under Sections 147, 148, 149, 302, 120-B I.P.C., Police Station Hasayan, District Hathras, pending before the Additional Sessions Judge, Court No.1, Hathras to some other court of competent jurisdiction, at Hathras. As per the averments made in the application, the trial court has dismissed the application under Section 311 Cr.P.C. filed by the accused-applicant for further cross-examination of P.W.-2 Wakeel and P.W.-5 Dr. R. K. Dayal vide order dated 22.11.2024 as the right of the accused to cross-examine the said witnesses was closed by court order. The accused has already availed the statutory remedy through Criminal Revision No. 6247 of 2024 to challenge the order dated 22.11.2024 and since other accused persons have not been made a party in this application, therefore, this Court is not inclined to transfer the trial, which is at an advanced stage. The application is dismissed. Order Date :- 5.5.2025 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