HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 840 of 2023 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, learned counsel for opposite party and the learned AGA for State. 2. Learned counsel for the appellant has prayed to allow this transfer application and transfer the Case No. 5995 of 2023 ( State Vs. Rishipal), arising out of Case Crime No.104 of 2022, under Sections 323, 324, 504, 506 IPC, at Police Station Babri, District Shamli pending in the Court of learned Civil Judge, Senior Division / Additional Chief Judicial Magistrate Kairana, Shamli from Kairana, Shamli to Muzaffar Nagar where the Case No. 4903 of 2017 ( State Vs. Raj Kumar and others) arising out of Case Case Crime No.119 of 2017, under Sections 323, 325, 504 and 506 IPC, at Police Station Babri, District Muzaffarnagar Nagar is pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar. 3. Learned counsel for the applicant has submitted that applicant and opposite party no. 2 & 3 are residents of same village. Certain quarrel arose between the parties on 26.1.2017. Therefore both the parties lodged NCR against each other. NCR lodged by applicant against the respondent no.2 and 3 was instituted as Case No. 5995 of 2023 ( State Vs. Rishipal), arising out of Case Crime No.104 of 2022, under Sections 323, 324, 504, 506 IPC, at Police Station Babri, District Shamli. The said case is pending in the Court of learned Civil Judge, Senior Division / Additional Chief Judicial Magistrate Kairana, Shamli. Whereas the NCR which was lodged by respondent against the applicant was instituted in the Court as Case No. 4903 of 2017 ( State Vs. Raj Kumar and others) arising out of Case Case Versus Counsel for Applicant(s) : Abhilash Singh, Jagdish Prasad Mishra Counsel for Opposite Party(s) : G.A., Shubham Kesarwani, Vijay Kumar Rajkumar .....Applicant(s) State Of U.P.And 2 Others .....Opposite Party(s) Crime No.119 of 2017, under Sections 323, 325, 504 and 506 IPC, at Police Station Babri, District Muzaffarnagar Nagar ( Shamli) which is pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar. Hence, he prayed that both cases being cross cases should be tried and decided by the same Court. It will expedient in the interest of justice to withdraw either of the case and transfer it to another Court where one of one case is pending. 4. Hence, the transfer application is allowed and the Case No. 5995 of 2023 ( State Vs. Rishipal), arising out of Case Crime No.104 of 2022, under Sections 323, 324, 504, 506 IPC, at Police Station Babri, District Shamli pending in the court of learned Civil Judge, Senior Division / Additional Chief Judicial Magistrate Kairana, Shamli is transferred from the Court of learned Civil Judge, Senior Division / Additional Chief Judicial Magistrate Kairana, Shamli to District Muzaffar Nagar and be placed before Chief Judicial Magistrate, Muzaffar Nagar, who in turn will either decide the case himself or will transfer it to any other Court of competent jurisdiction. October 7, 2025 Mukesh TACR No. 840 of 2023 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad