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2025 DAILYLAW 16226 (ALL)

VIJAYPAL SINGH v. STATE OF U.P. AND 4 OTHERS

TACR/93/2025 · 2025-03-19

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40551 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 93 of 2025 Applicant :- Vijaypal Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Kunwar Rajan,Randhir Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Vijaypal Singh has filed this petition under Section 447 B.N.S.S., 2003 for transfer of Sessions Trial No. 111 of 2008; titled State vs. Nizam @ Chotu, arising out of Case Crime No. 412 of 2007, under Sections 302, 120B IPC, registered at Police Station Thakurdwara, District Moradabad pending at Moradabad to some other court of competent jurisdiction at Moradabad. Learned counsel for the applicant submits that as the informant was not satisfied with the court, therefore, he moved an application for transfer of the case on 16.12.2024, but the same was dismissed vide order dated 15.1.2025 without assigning any valid reason. Learned counsel submits that since the trial court was pressuring the applicant-informant to compromise the matter with the accused, therefore, the informant had moved the application. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the arguments advanced by the learned counsel, as the prosecution of the accused is based upon police report. The informant being a complainant is only a witness and considering the nature of the offence, which is punishable under Section 302 IPC, the case is not compoundable. Thus, no ground is made out for transfer of the trial. Resultantly, the application fails and is hereby dismissed. Order Date :- 20.3.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad