Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153950 (ALL)

KRISHNA KUMAR YADAV v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

TACR/61/2025 · 2025-07-31

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:44322 Court No. - 15 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 61 of 2025 Applicant :- Krishna Kumar Yadav Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anamika Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. Sri Paritosh Shukla, learned counsel for the applicant, Sri Satyendra Srivastava, learned counsel for the State and Sri Shishir Pradhan, learned counsel for the opposite party No.2, who has filed the Vakalatnama which is taken on record. By means of instant application under Section 482 CrPC, applicant has sought transfer of Sessions Trial No. 48 of 2018, arising out of Case Crime No. 285 of 2017 P.S.-Unchahar, District-Raebareli from learned II-Additional Sessions Judge, Raebareli to learned IV-Additional Sessions Judge/Special Judge, EC Act, Raebareli. Prior to filing the application under Section 407 CrPC, the applicant had filed an application seeking transfer of the case before the learned IV-Additional Sessions Judge/Special Judge, EC Act, Raebareli stating therein that trial was at the stage of final submissions and after conclusion of submissions on behalf of prosecution the Presiding Officer of the Court of II- Additional Sessions Judge, Raebareli was made Presiding Officer of Court of IV-Additional Sessions Judge/Special Judge, EC Act, Raebareli and in this background of the case prayer was sought to transfer the case from the Court of II-Additional Sessions Judge, Raebareli to the Court of IV-Additional Sessions Judge/Special Judge, EC Act, Raebareli. This application was rejected by the Sessions Judge, Raebareli by means of order dated 09.07.2025 observing that there is no allegation of bias against the Presiding Officer of the Court where the trial is currently pending and the mere fact that the earlier Presiding Officer had heard submissions on behalf of the prosecution does not make good ground for transfer as if such a ground of transfer accepted numerous cases pending in the Court of II-Additional Sessions Judge, Raebareli have to be transferred to the Court of IV-Additional Sessions Judge/Special Judge, EC Act, Raebareli. Before this Court also, the learned counsel for the applicant has submitted that as the earlier Presiding Officer, who had heard the submissions of prosecution, is currently holding the position of Presiding Officer of Court of IV-Additional Sessions Judge/Special Judge, EC Act, Raebareli and therefore, the trial should be transferred to the said Court. Merely because of that Presiding Officer had heard the submissions in part and the said Presiding Officer is available in another Court in the same District, it does not provide a good ground of transfer of case to the said Presiding Officer. The current Presiding Officer of the Court II-Additional Sessions Judge, Raebareli would hear the submissions of the prosecution as well as of the defence, which are yet to be advanced and decide the case. There is no good ground for transfer of case. The application lacks merit and it is accordingly dismissed. Order Date :- 31.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench