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2025 DAILYLAW 185232 (ALL)

RAJESH KUMAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/9006/2025 · 2025-10-30

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9006 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Misc. Case No. 4316 of 2025, in Case No. 92364 of 2022, Case Crime No. 81 of 2022, under Sections 420, 504, 506, 406 IPC and Section 138 of NI Act, Police Station Vikas Nagar, District Lucknow and to transfer the case from the Court of ACJM-IVth, Lucknow to some other competent court at District Lucknow. Learned counsel appearing for the applicant submits that he has apprehension that will not get the justice from the court concerned, therefore the aforesaid case may be transferred to some other competent court. He further submits that District and Sessions Judge has wrongly rejected his application in respect of transfer of the said case, thus, the impugned order is illegal and perverse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the instant application is misconceived, as it is not substantiated by any document or evidence. He further submits that in addition of Section 138 of NI Act, there are other sections of IPC in which the applicant is facing trial, Versus Counsel for Applicant(s) : Gulam Ali Rashidi, Anand Mishra, Ram Chandra Dwivedi, Uday Pratap Singh Counsel for Opposite Party(s): G.A. Rajesh Kumar Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) therefore, his prayer that his case could be tried only by a Special Court, is not tenable and there is no abuse of process of law. He also submits that the applicant is lingering the case by adopting tactics of transfer of the case and, thus, the application is liable to be dismissed. Considering the submissions of learned counsel for the parties and after perusal of the record, I do not find any good ground to interfere in the matter. The instant application has no merit and it is accordingly dismissed. October 30, 2025 kkv/ A482 No. 9006 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench