SHIVA KRITI KAPOOR AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
TACR/99/2025 · 2025-10-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197241 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197241 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 99 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard.
2. The instant application has been filed seeking following main relief(s):-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the Criminal Complaint Case No. 15977/ 2024; pending in the Court of ACJ (SD)- I /ACJM, Court No. 8, Farrukhabad (Manish Versus Shiva Kriti) to the Court of CJM Lucknow, in the interest of justice."
3. Upon a perusal of the application and hearing learned counsel for the applicant, this Court finds that the applicant seeks transfer of the case from a Court situated within the territorial jurisdiction at Allahabad, therefore, the territorial jurisdiction to entertain this transfer application would lie at Allahabad.
4. In view of the aforesaid as also the law laid down by the Division Bench of this Court in Special Appeal No.153 of 2016 (Mahendra Pratap Bhatt 76 (Clmc)2015 vs. Smt. Saroj Mahana), this application is dismissed on account of lack of territorial jurisdiction.
5. It is, however, clarified that this order shall not prevent the applicant from moving this Court at Allahabad, seeking same relief.
6. Office is directed to return certified/original copies of the documents annexed with this application to the learned counsel for the applicant as per Rules in this regard. October 15, 2025 Jyoti/- Versus Counsel for Applicant(s) : Sushil Kumar Singh, Ayush Singh Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Shiva Kriti Kapoor And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench