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2025 DAILYLAW 11294 (ALL)

RAM SHANKER TIWARI @ RAM SHANKER v. STATE OF U.P. AND ANOTHER

TACR/47/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71197 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 47 of 2025 Applicant :- Ram Shanker Tiwari @ Ram Shanker Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Accused has filed this application under Section 407 Cr.P.C. seeking transfer of Case No. 3341 of 2014, titled Kamal Kumar Verma Vs. Ram Shanker Tiwari and others, under Sections 323, 379, 427, 504, 506 I.P.C., Police Station Fazalganj, District Kanpur Nagar, pending before the Judicial Magistrate-II, Kanpur Nagar to the court of competent jurisdiction at Sultanpur. Learned counsel for applicant submits that the applicant is an old man of 70 years, who is suffering from disability also, therefore, it is difficult for him to attend the trial proceedings at Kanpur Nagar. Learned counsel further submits that the opposite party no.2 is extending threats to the applicant, who being advocate is misusing his position. He prays for transfer of the subject case from Kanpur Nagar to Sultanpur. Concededly, the trial court after noticing the conduct of the complainant, who has not shown any interest in producing evidence in support of his complaint case no. 3341 of 2014, had granted last opportunity vide order dated 11.9.2024. Further, merely because the opposite party no.2 is an advocate, this alone would not be a sufficient ground for transfer of the case. The application fails and is hereby 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 Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad