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2025 DAILYLAW 37319 (ALL)

HIMANSHU SINGH v. STATE OF U.P. AND ANOTHER

TACR/185/2025 · 2025-04-07

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51089 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 185 of 2025 Applicant :- Himanshu Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of Bhartiya Nagarik Suraksha Sanhita, 2023 for transfer of Case No.28721 of 2021; titled : State Vs. Himanshu, arising out of Case Crime No.496 of 2019, Under Section 406 I.P.C., Police Station- Sadar Bazar, District- Mathura pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Mathura to any other competent Court of jurisdiction in District Lucknow. Learned counsel for the applicant has argued that the above mentioned trial is pending against the applicant at Mathura and the opposite party no.2-complainant is a practicing advocate at Mathura who on the applicant's visit to the Court threatens him, therefore, he prays that the above case be transferred to some other Court of competent jurisdiction outside Mathura. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the application as in the affidavit filed in support of the case, it is specifically mentioned by applicant-accused that the trial Court is taking relevant measures against him to secure his presence by issuing non-bailable warrants. Further, a copy of the order dated 18.3.2025 (Annexure- 4) would show that the trial Court has issued notices to the sureities who had furnished bonds at the stage of releasing the applicant on bail. Even otherwise, merely because complainant is an advocate, it cannot be construed as a valid ground for transfer of the case. The application is dismissed. Order Date :- 8.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad