RAM SEWAK SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
TACR/22/2025 · 2025-04-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128523 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20801 Court No. - 14 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 22 of 2025 Applicant :- Ram Sewak Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Kishor Pandey,Tanveer Ahmad Lari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. The present application has been preferred under Section 407 of Criminal Procedure Code/ 447 BNSS with the following prayers:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the further proceeding of the Special Session Trial No. 2392 of 2024 Computer Case No. UPLKO10125872024, State Versus Ram Sewak Shukla,under Sections 504, 506 IPC and Section 3(1) (dha) of SC/ST Act pending before the Special Session Judge SC/ST Act/ Additional District and Session Judge, Lucknow arising out of first information report no. 0042 of 2024 under Sections 406, 504, 506 IPC and 3(1) (Dha) of SC/ST Act Police Station Kaisar Bagh, District Lucknow to any competent court of District Unnao, in the interest of justice. Any other order, which this Hon'ble Court may deem fit and proper under the circumstances of the case, also be passed in favour of the applicant."
2. The present application has been preferred for transfer of the Special Session Trial No. 2392 of 2024 Computer Case No. UPLKO10125872024, State Versus Ram Sewak Shukla, under Sections 504, 506 IPC and Section 3(1)(dha) of SC/ST Act pending before the Special Session Judge SC/ST Act/ Additional District and Session Judge, Lucknow to the District Court at Unnao. The reason indicated in the application is that the applicant is 75 years old person and secondly the FIR was lodged by the respondent no.2 who is a practicing advocate at Civil Court, Lucknow and two prosecution witnesses are also the lawyers and the applicant is apprehending that if he will come and appear in the trial he will be manhandled. 3. Shri M. Waris Farooqui who is putting appearance on behalf of the respondent no.2 has submitted that till now the applicant had never appeared and merely on the apprehension he has
approached this Court by moving an application for transfer of the case.
He further undertakes on behalf of his client and the witnesses that the applicant will not be mishandled by the respondent no.2 or the witnesses who are lawyers and without there being any incident ever occurred the present application has been filed. 4. After hearing the learned counsels for the respective parties and as per the law settled in the case of Gurcharan Das Chadha Vs. State of Rajasthan: (1966)2 SCR 586, merely on the basis of apprehension without appearing before the court or any occurrence of an incident earlier or ever the present application has been filed, which is devoid of merits and hence dismissed. Order Date :- 11.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench