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2025 DAILYLAW 12080 (ALL)

MAMTA SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

TACR/64/2025 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61010 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 64 of 2025 Applicant :- Mamta Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S. seeking transfer of Session Trial No. 1955 of 2023; titled : State of U.P. Vs. Anurag and others, arising out of Case Crime No.0363 of 2020, under Sections 459, 323, 504, 506, 452, 376 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Noorpur, District Bijnor, pending before the Additional District Judge/ FTC-1, Bijnor to the any other court of competent jurisdiction at Meerut. Learned counsel for the applicants has argued that the opposite party no.2 has falsely implicated the applicants in the above case and in order to attend the trial proceedings, the applicants have to travel from Thane (Maharashtra) to Bijnor. Learned counsel for the applicants has argued that the court staff is altering the dates of hearing at the back of the applicants and this is being done only to put the applicants to a disadvantageous position by causing their absence on a particular date of hearing. He submits that it would be in the interest of justice, if the trial is transferred from Bijnor to Meerut. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the arguments advanced by the learned counsel. A perusal of the zimni orders would show that consistently the accused persons have been seeking exemption from personal appearance and the trial Court has shown leniency in extending the said concession to them. During the course of hearing, nothing has been shown to this Court regarding change of dates resulting in any inconvenience to the accused-applicants. The case is being adjourned minimum for a period of two-three weeks and the orders are already uploaded on the website of the Court. Therefore, no sufficient ground 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