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2025 DAILYLAW 19632 (ALL)

VISHAL SHARMA ALIAS BRAJENDRA SHARMA v. STATE OF U.P. AND ANOTHER

TACR/97/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71349 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 97 of 2025 Applicant :- Vishal Sharma Alias Brajendra Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Sessions Case No.532 of 2024, titled State Vs. Brajendra Sharma @ Vishal Sharma, arising out of Case Crime No.32 of 2024, under Sections 376, 323, 354, 504, 506 IPC and U/s 67A I.T. Act and 3(1)RS, 3(2)(5), 3(2)(5A) SC/ST Act, Police Station Kotwali, District Etawah, pending in the court of Special Judge SC/ST (Prevention of Atrocities) Act, Etawah to the competent court of jurisdiction at Auraiya. The applicant has prayed for transfer of the case from Etawh to Auraiya on the sole ground that the complainant being an practicing Advocate at Etawah has falsely implicated him in a rape case and accused- applicant apprehends that he may not get a fair trial. The apprehension expressed is baseless and merely because complainant is an Advocate, it cannot be said that the trial court would not ensure fair trial to the accused. This application is dismissed. Order Date :- 5.5.2025/Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad