Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 110006 (ALL)

CHHOTEY LAL v. STATE OF U.P. AND ANOTHER

TACR/754/2024 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:58557 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 754 of 2024 Applicant :- Chhotey Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Sessions Trial No. 1390 of 2024 titled : State vs. Chandra Bhushan and others, arising out of Case Crime No.141 of 2024, under Sections 498-A, 304-B I.P.C. read with Section 3/4 Dowry Prohibition Act Police Station Bindki, District Fatehpur, pending before the Sessions Judge, Fatehpur to the any other court of Sessions Judge, Kanpur City. Learned counsel for the applicant has argued that the applicant's daughter within seven years of her marriage met an unnatural death and the subject case is pending against the opposite party no.2-husband for alleged commission of offence under Section 498-A, 304-B I.P.C. etc. at Fatehpur. He submits that the accused are threatening the applicant, therefore, the subject trial be transferred from Fatehpur to Kanpur. During the course of hearing, it is not disputed by learned counsel that the charges against the accused have been framed and no prosecution witness has been examined so far. After hearing learned counsel and considering his submissions, this Court does not find any merit in the transfer application as the concession of bail was extended to the opposite party no.2 on 23.10.2024 by this Court in Criminal Misc. Bail Application No.39102 of 2024 and the allegations of threatening are vague and without any particulars. Concededly, no witness has been examined so far by prosecution and no complaint much less any application has been moved before the trial Court for the alleged threats extended to the applicant. Consequently, no case is made out for transfer of the case. The application is dismissed. Order Date :- 21.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad