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2025 DAILYLAW 21318 (ALL)

RAKESH KUMAR v. STATE OF U.P. AND 4 OTHERS

TACR/107/2025 · 2025-05-11

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77173 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 107 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Kamlesh Singh 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 S.T. No.119 of 2020, titled State Vs. Cintu @ Nand Kishore, arising out of Case crime No.177 of 2020, under Sections 452, 302, 307, 376, 511, 34 I.P.C., Police Station Ghiror, District Mainpuri pending in the court of Additional District and Sessions Judge, court no.3, Mainpuri to any other court of competent jurisdiction at Mainpuri. Learned counsel for the applicant has drawn the attention of the Court to the application moved before the Sessions Judge, Mainpuri seeking transfer of the trial from Additional District and Sessions Judge, Mainpuri to any other court of competent jurisdiction on the sole ground that the accused have proclaimed that the verdict in the trial is likely to be delivered in their favour. The sole ground raised by the applicant- informant is not worth acceptance, as the said ground is not supported by any material and is based on hearsay information. It is difficult to believe that the accused would inform the complainant that they are likely to be acquitted. Further, it is also not disputed by learned counsel that the prosecution has already examined its witnesses and the statement of the accused under Section 313 Code of Criminal Procedure already stands recorded and thereafter, the application was moved for transfer of the case. A perusal of the impugned order dated 08.01.2025 would show that the District & Sessions Judge, Mainpuri has rightly declined the application of the applicant. This application is dismissed. Order Date :- 12.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad