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High Court of Uttarakhand · body

2025 DAILYLAW 14011 (UTT)

AJAY KUMAR DHIMAN v. STATE OF UTTARAKHAND

C447/26/2025 · 2025-11-20

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Transfer Application No. 26 of 2025 Ajay Kumar Dhiman ….....Applicant Versus State of Uttarakhand and Others ….….Respondents Present:- Mr. Mohd. Safdar, Advocate for the applicant. Mr. Pankaj Joshi, A.G.A. for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant application under Section 447 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (“the BNSS”), the applicant seeks transfer of the proceedings of Criminal Revision No.68 of 2024, Dr. Ajay Kumar Dhiman Vs. State and Others (“the revision”), from the court of First Additional Sessions Judge, Roorkee, District Haridwar, to any other Court in Roshnabad, Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the applicant that the revision is pending in the court of First Additional Sessions Judge, Roorkee, District Haridwar, but the respondent nos. 2 to 4 are notorious kind of persons, and they have been threatening the applicant and asking him not to do pairvi in the case. Thereafter, the applicant moved a transfer application before the Sessions Judge, Haridwar, but it was dismissed for want of prosecution. Another transfer application was filed by the applicant, but it was also dismissed in non prosecution on 20.11.2024. 4. Learned counsel for the applicant submits that the respondent nos. 2 to 4 are inimical to the applicant, and they are extending threats to him. 5. The applicant is a resident of Roorkee. The revision is pending in the court of First Additional Sessions Judge, Roorkee, 2 District Haridwar. The applicant only writes that the respondent nos. 2 to 4 are notorious and they are threatening the applicant not to do pairvi in the revision. What pairvi is required? In the revision, the matter is to be argued by learned counsel, and, thereafter, it falls with the court to pass an order. The grounds on which the transfer is sought are not such grounds on which a transfer may be made. 6. Having considered, this Court does not see any reason to transfer the cases. Accordingly, the instant transfer application deserves to be dismissed. 7. The instant transfer application is dismissed. (Ravindra Maithani, J) 20.11.2025 Ravi Bisht