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2025 DAILYLAW 187571 (ALL)

MONIKA @ SHAMA PARVEEN v. STATE OF U.P.

TACR/283/2024 · 2025-04-28

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66336 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 283 of 2024 Applicant :- Monika @ Shama Parveen Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad,Shaban Ahmad Counsel for Opposite Party :- G.A.,Saiyad Iqbal Ahmed Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Criminal Case No.39 of 2022, titled State of U.P. Vs. Farman, under Sections 363, 366, 506, 342 IPC, Police Station Nakhasa, District Sambhal (Bheem Nagar), pending in the court of Juvenile Justice Board, District Sambhal (Bheem Nagar) to Ghaziabad. At the instance of the applicant, the case was instituted at district Samhal (Bheem Nagar) and the transfer is prayed on the ground that the applicant has now shifted to Ghaziabad. The convenience alone of the applicant is not a sufficient ground for transfer of the case, who is only a prosecution witness and her interest would be protected by State. That apart, the distance between two towns is approximately 135 kms. and both cities are well connected, therefore, no case is made out for transfer of the said case. Dismissed. Order Date :- 29.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad