Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1114 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C447 No. 21 of 2024 Hon’ble Manoj Kumar Tiwari, J.
(1) Mr. M.S. Tyagi, learned Senior Counsel appearing for the applicant.
(2) Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand.
(3) Mr. Munish Bhardwaj,
learned counsel for respondent nos. 2 to 4.
(4) By means of this application, filed under Section 447 of Bhartiya Nagrik Suraksha Sanhita, applicant has sought quashing of the order dated 04.12.2024 passed by learned District & Sessions Judge, Haridwar in Criminal Miscellaneous Case No 275 of 2024. By the said order, applicant’s prayer for transfer of aforesaid case was rejected.
(5) Heard
learned counsel for the parties and perused the record.
(6) Learned counsel for the applicant submits that there are few facts which cannot be disclosed, based on which applicant has reached to the conclusion that he will not get fair trial from the concerned court.
(7) Learned counsel for the respondents, however, submits that applicant did not disclose any reason before learned Sessions Judge for seeking transfer, and before this Court also, he has not indicated any good ground for transfer of the case from the
2025:UHC:1114 court of 2nd Additional District & Session Judge, Haridwar to some other court.
(8) This Court finds substance in the submission made by learned counsel for the respondents. Learned District & Sessions Judge has given valid reasons for rejecting transfer application made by the applicant.
(9) Even otherwise also, a litigant cannot decide which court shall decide his case. In the absence of any cogent reason, prayer for transfer of criminal case, from one court to another, cannot be accepted.
(10) Accordingly, present C447 application is dismissed.
(Manor Kumar Tiwari, J.)
18.02.2025 Aswal
2025:UHC:1114