Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 123979 (ALL)

BRIJENDRA PAL SINGH @ B.P. SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER

A227/921/2025 · 2025-02-20

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:11059 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 921 of 2025 Petitioner :- Brijendra Pal Singh @ B.P. Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Petitioner :- Ripu Daman Shahi,Durgesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Shri Ripu Daman Shahi, learned counsel for the applicant and Shri Piyush Kumar Singh, learned AGA for the State. 3. Present application has been filed with the prayer to set aside the impugned order dated 05.02.2025 passed in Criminal Misc. Case No.2893 of 2024; B.P. Singh Vs. State of UP, by District and Sessions Judge, Lucknow and to direct him to transfer the Criminal Case No.6148 of 2022; State of UP Vs Brijendra Pal Singh and Ors. arising out of Case Crime No.219 of 2021 under Sections 406, 419, 420, 506, 467, 468, 471, 170 IPC, PS- Mahanagar, District- Lucknow. 4. Learned counsel for the applicant has submitted that the presiding officer is showing undue haste in proceeding with the case in question without deciding the application of applicant dated 20.04.2022 and reminder application dated 02.07.2022. He has further submitted that on 30.11.2024, the applications dated 12.04.2022 and 20.04.2022 were pressed before the trial court but no attention was given to the same and the case was proceeded. Thereafter, transfer application was filed on 02.12.2024 but the same was rejected by the learned Sessions Judge in the most mechanical manner. Therefore, kind indulgence of this court is necessary. 5. Learned AGA has opposed the prayer of applicant and has submitted that in the transfer application, nowhere it is mentioned that on 30.11.2024, learned counsel for the applicant requested to Court concerned for disposal of the applications dated 12.04.2022 and 20.04.2022. He has further submitted that the case in question was assigned to the concerned official on 11.11.2024 in pursuance of the transfer order dated 12.07.2024 passed by the Competent Court. As merely on the basis of presumption, application for transfer was filed, therefore, it was rightly rejected by the Court below. In such circumstances, the present application is also liable to be dismissed. 6. Considering the submissions of learned counsel for the parties, going through the contents of application as well as order relevant documents, it is evident that in the transfer application, nowhere it is mentioned that on 30.11.2024, learned counsel for the applicant pressed the applications dated 12.04.2022 and 20.04.2022. It is also evident that only general allegations have been leveled against the trial court. In such circumstance, the present application is misconceived and liable to be dismissed. 7. Accordingly, the present application is hereby dismissed. 8. However, it is open to the applicant to pursue the application under Section 482 CrPC No. 1667 of 2022. Order Date :- 20.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench