Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 13798 (ALL)

SMT. KAVITA DEVI v. STATE OF U.P. AND ANOTHER

TACR/81/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:71041 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 81 of 2025 Applicant :- Smt. Kavita Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Supplementary affidavit filed today is taken on record. Learned counsel for the applicant-complaint's mother has argued that the victim was raped by her father (husband of the applicant) who is facing prosecution through Case Crime No.346 of 2023, which is subject matter of Sessions Trial No.1863 of 2023 (State v. Nem Singh). She seeks transfer of the said trial on the ground that the accused has proclaimed that he would manage acquittal in the case, and further it is argued by learned counsel that while extending the concession of regular bail of the accused on 20.07.2023, opportunity of hearing was not given to the complainant. He prays for transfer of the case. During the course of the hearing, it is not disputed by learned counsel the complainant that the victim has already been examined as PW-1 before the trial court. Further, there is no explanation for filing the application nearly two years after grant of regular bail to the accused, and concededly the said order has not been challenged by the complainant. In the above background, no case is made out for transfer. Accordingly, the application is dismissed. Order Date :- 5.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad