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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 80 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J.
1. Heard Sri Neeraj Singh, learned counsel for the applicant, Shri Puneet Kumar Verma, learned counsel for the opposite party no.2 and Sri Kunwar Tejendra Bahadur Singh, learned A.G.A. for the State. 2. The instant transfer application has been filed seeking transfer the Criminal Case No. 40730/2023 (State Vs. Pravin Kumar Singh), arising out of Case Crime No. 474/2019, under Sections 332, 353, 504 and 506 I.P.C., P.S. Kotwali, District-Ghazipur from the court of Additional Chief Judicial Magistrate, Ghazipur to the court of Additional Chief Judicial Magistrate (Purvottar Railway) Varanasi, during pendency of the trial. 3. Learned counsel for the applicant submit that applicant filed instant transfer application with a prayer to transfer the trial of the case from District Ghazipur to District Varanasi on the ground that with regard to the same incident two cases were lodged. One at district Ghazipur that is the present case and another at District Varanasi and in both cases opposite party no.2 was the complainant. He next submitted that with regard to the same incident proceedings of a case is pending in District Varanasi and therefore the proceeding of the present case, which is pending in District Ghazipur may be transferred to District Varanasi before the competent court and it will be convenient to both the parties. 4. Per contra, learned counsel for the opposite party no.2 however opposed the prayer for transfer of the case but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Neeraj Singh Counsel for Opposite Party(s) : G.A., Puneet Kumar Verma Pravin Kumar Singh Alias Pravin .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Learned A.G.A. also conceded and submitted that as with regard to the same incident proceedings of a case is pending in District Varanasi and therefore instant transfer application filed by applicant may be allowed and proceedings of the present case pending in District Ghazipur may be transferred to competent court situated at District Varanasi. 6. I have heard learned counsel for the parties and perused the record of the case. 7. The instant transfer application has been filed by applicant to transfer the case from District Ghazipur to competent court situated at District Varanasi. 8.
From the perusal of record, it reflects that with regard to the same incident two cases were lodged. One case has been lodged at District Ghazipur i.e. the present case and another one has been lodged at District Varanasi and in both cases opposite party no.2 is the complainant and it appears proceedings of the one case is smoothly going on in District Varanasi. 9. Considering the above fact the argument advanced by learned counsel for the applicant that if proceeding of the case, pending in District Ghazipur is transferred to District Varanasi then it will be convenient to both parties cannot be brushed aside. 10. Therefore, considering the facts and circumstances of the case discussed above and considering the doctrine of convenience the instant transfer application stands allowed and trial of case is hereby transferred from District Ghazipur to competent court situated at District Varanasi. 11. The instant transfer application is allowed. October 17, 2025 Anurag/- TACR No. 80 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad