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2025 DAILYLAW 193919 (ALL)

VIJAY SINGH CHAUHAN ALIAS VIJAY CHAUHAN v. STATE OF U.P. AND ANOTHER

TACR/242/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 242 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Shubham Maurya, learned counsel for applicant, Sri Sudhakar Singh, learned counsel for opposite party no.2 and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant transfer application has been filed by the applicant with a prayer to transfer the proceedings of Case No. 34 of 2024, arising out of Case Crime No. 207 of 2023, under Sections 279, 338 IPC, Police Station Bilari, District Moradabad pending in the court of Judicial Magistrate Gram Nyayalay Bilari Moradabad to District Court Sambhal at Chandausi. 3. Learned counsel for applicant submits, applicant is accused in the case relates to offence under Sections 279, 338 IPC and trial of the case is pending in Gram Nyayalaya Bilari, Moradabad and he filed instant transfer application to transfer the case from Moradabad to Sambhal on the ground that opposite party no.2 and witnesses are also resident of District Sambhal. 4. He further submits, daughter of the applicant is also suffering from Thalassemia and he had to regularly visit at Bareilly as her hospital is situated at Bareilly. 5. At this stage, learned counsel for opposite party no.2 submits, opposite party no.2 is having no objection if trial of the case is transferred to District Sambhal as he is also resident of District Sambhal. 6. Learned AGA also submitted that as opposite party no.2 is having no objection if trial of the case is transferred from Gram Nyayalaya Bilari, Moradabad to District Sambhal, therefore, he is also having no objection if Versus Counsel for Applicant(s) : Santosh Kumar Gupta, Shubham Maurya Counsel for Opposite Party(s) : G.A., Sudhakar Singh Vijay Singh Chauhan Alias Vijay Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) instant transfer application is allowed. 7. I have heard both the parties and perused the record of the case. 8. Applicant, who is accused of criminal case has filed instant transfer application to transfer the case from the court of Gram Nyayalaya Bilari Moradabad to District Sambhal at Chandausi on the ground that he and opposite party no.2 i.e. informant of the case and witnesses of the case are resident of District Sambhal and opposite party no.2 is also not having any objection if trial of the case is transferred from the court of Gram Nyayalaya Bilari, Moradabad to District Sambhal, therefore, the instant transfer application stands allowed. 9. The proceedings of aforesaid case is hereby transferred from Gram Nyayalaya Bilari, Moradabad to District Sambhal. October 14, 2025 AK Pandey TACR No. 242 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad