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2025 DAILYLAW 22850 (ALL)

VIRESH v. STATE OF U.P. AND ANOTHER

TACR/125/2025 · 2025-03-19

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40544 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 125 of 2025 Applicant :- Viresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Navin Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Viresh has filed this petition under Section 447 B.N.S.S., 2023 for transfer of Sessions Trial No. 215 of 2013; titled State vs. Lallu Singh and others, arising out of Case Crime No. 16 of 2013, under Sections 147, 148, 149, 302, 504, 34 I.P.C., Police Station Rijor, District Etah pending before Special Judge, EC Act, Etah to the court of competent jurisdiction at nearby District Kasganj. Learned counsel for the applicant submits that as there are many complaints against the Presiding Officer, where the subject trial is pending, an application dated 30.01.2025 was moved for transfer of the case, as the applicant has no hope of getting justice. Learned counsel prays that it would be in the interest of justice, if, the case is transferred to some other court of competent jurisdiction. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, as the apprehension expressed by the applicant is baseless. Further, the application dated 30.1.2025 stands rejected by the Sessions Judge, Etah vide order dated 31.1.2025, wherein it is specifically observed that an attempt has been made to delay the conclusion of the pending trial. The order has not been challenged by the applicant, therefore, on the same ground, this Court is not inclined to exercise the jurisdiction under Section 447 B.N.S.S., 2023. Resultantly, the application fails and is hereby dismissed. Order Date :- 20.3.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad