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2025 DAILYLAW 156116 (ALL)

Chotkau alias Allauddin v. State of U.P. THRU ITS ADDL. CHIEF SEC. AND 6 OTHERS

/65/2025 · 2025-08-05

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45425 Court No. - 13 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 65 of 2025 Applicant :- Chotkau Alias Allauddin Opposite Party :- State Of U.P. Thru Its Addl. Chief Sec. And 6 Others Counsel for Applicant :- Mohd. Tabrez Eqbal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Mohd. Tabrez Eqbal, learned counsel for the applicant and Smt. Kamlesh Kumari, learned A.G.A. for the State. 2. The instant application has been filed seeking transfer of case bearing Sessions Case No.221 of 2025, State v. Chotkau alias Allaudin, (F.I.R. No.110 of 2025, Police Station Ikauna, District Shravasti), pending before the learned Additional Sessions Judge / Special Judge (POCSO), Shravasti to the competent court at Lucknow. 3. Learned counsel for the applicant has submitted that prior to the instant transfer application, the applicant had preferred a Transfer Petition (Criminal) No.611 of 2025 before the Hon'ble Supreme Court which was dismissed as withdrawn by means of an order dated 24.07.2025 with liberty to the petitioner to approach this Court and thereafter, the petitioner has approached this Court. 4. Learned counsel for the applicant has submitted that the trial court is not permitting the applicant to defend his case properly. Without any request made by the applicant, the trial court has appointed an amicus curiae and continued to get the case conducted through him inspite of an advocate having being engaged by the applicant. It was only after the applicant has given an application conducting the case through his counsel, his counsel was allowed to participate in the proceedings. 5. Learned counsel for the applicant has next submitted that the applicant had preferred an application under Section 348 of BNSS on 11.07.2025 stating that he had appointed his counsel on 23.06.2025 yet cross-examination of P.W.1 and P.W.2 has been conducted by the amicus curiae. He prayed for recall of P.W.1 & P.W.2 for their cross-examination by the counsel of the applicant. The trial court has endorsed on this application that this application will be disposed of after completion of prosecution evidence. 6. After the aforesaid order has been dictated till this stage, the learned counsel for the applicant has stated that he does not want to press the instant application. 7. Accordingly, the instant transfer application is dismissed as withdrawn. Order Date :- 5.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench