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2025 DAILYLAW 18978 (ALL)

ASMA MAKRAINDIA v. STATE OF U.P. AND ANOTHER

TACR/96/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71297 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 96 of 2025 Applicant :- Asma Makraindia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Mishra,Sanjay Shukla Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Case No.4731/9/2022, titled State Vs. Asma, arising out of case crime no.409 of 2021, under Sections 419, 469, 500 IPC and U/s 66D, 67 of Information Technology Act, Police Station Shamli, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli to the competent court of jurisdiction at Shamli or any other adjoining district. Learned counsel for the applicant has contended that the matrimonial dispute between applicant's brother and the complainant- opposite party no.2 ended by way of a compromise, but despite that the applicant has been falsely implicated by the complainant though the above case, wherein the trial against her is pending at Shamli. He submits that the trial court vide order dated 6th December, 2024 fixed the next date as 11th December, 2024, but it was not correctly uploaded, as the next date was shown as 13th January, 2025, and it led to issuance of non- bailable warrants against the applicant. He prays that the pending trial be transferred to some other court. After hearing the learned counsel and considering his submissions, this Court does not find any merit in application as apparently the accused herself is negligent in not checking the actual order passed by the trial court, and the actual date fixed in the case. Further, it is not the job of the Presiding Officer to upload the next date of hearing on the website, which is done by the court staff. Thus, sole ground raised for transfer is not sufficient. Dismissed. Order Date :- 5.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad