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2025 DAILYLAW 27866 (ALL)

ARCHANA PANDEY v. STATE OF U.P. AND 4 OTHERS

TACR/140/2025 · 2025-05-11

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77121 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 140 of 2025 Applicant :- Archana Pandey Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Archana Pandey has filed this petition under Section 447 B.N.S.S., 2023 for transfer of Sessions Trial No. 1341 of 2022, under Sections 302, 307, 323, 504, 34 IPC, Police Station Kotwali Farrukhabad, District Farrukhabad pending before Additional Sessions Judge-I, Farrukhabad to any other court of competent jurisdiction in the same district. Applicant-complainant has prayed for transfer of the Sessions Trial No. 1341 of 2022 on the ground that the accused have been threatening the complainant. The application moved by the complainant before the Sessions Judge, Farrukhabad seeking transfer of the trial was also dismissed vide order dated 1st February, 2025. A perusal of the order dated 1st February, 2025 reveals that the prosecution has already discharged the onus and the case is fixed for defence evidence. Since, the prosecution of the accused is based upon police report and all the prosecution witnesses have been examined, therefore, there is no occasion for the accused to extend any threat to the complainant. The averment regarding threat is not supported by any material, therefore, no ground is made out for transfer of the subject case. The application fails and is hereby dismissed. Order Date :- 12.5.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad