Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56357 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 202 of 2025 Applicant :- Smt. Sameera Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Informant-Smt. Sameera has filed this petition under Section 447 B.N.S.S., 2023 for transfer of Criminal Case No. 9211 of 2024; titled State vs. Mutahar Husain and others, arising out of Case Crime No. 105 of 2024, under Sections 452, 323, 354B IPC, registered at Police Station Gagalhedi, District Saharanpur pending before the court of Judicial Magistrate-III, Saharanpur to any other court of competent jurisdiction in same district at Deoband.
Learned counsel for the applicant has argued that the applicant being informant is not being represented by any Advocate, as one of the accused namely Mutahar Hussain is a practicing Advocate at Civil Court, Saharanpur. Learned counsel further submits that whenever the informant visits the court for pairvi of the case, the accused threatened her of dire consequences. He prays that it would be in the interest of justice, if, the subject case is transferred from the court of Judicial Magistrate-III, Saharanpur to any other court of competent jurisdiction in same district at Deoband. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, as not only the interest of the applicant-complainant is represented by the Public Prosecutor being a case based upon police report, but even otherwise also, learned counsel is unable to reveal the particulars about the alleged threat extended to the applicant. During the course of hearing, it is not disputed that the charges in the case have not been framed and a perusal of the zimni orders would also show that the accused are yet to appear before the trial court. Further, learned counsel is unaware about the status of the application for transfer dated 3rd March, 2025 filed before the Court of Sessions. Thus, keeping in view the above background, no case is made out
for transfer of the case. The application is dismissed.
Order Date :- 17.4.2025 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 Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad