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2025 DAILYLAW 42792 (ALL)

NEELAM v. STATE OF U.P. AND ANOTHER

TACR/203/2025 · 2025-04-17

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57486 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 203 of 2025 Applicant :- Neelam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of Complaint Case No.537 of 2024, titled Vijay Kumar Vs. Ramratan and others, under Sections 452, 406, 323, 504 I.P.C., Police Station- Awagarh, District- Etah from the court of Civil Judge (J.D.)/Judicial Magistrate, Jalesar, Etah to the competent court of jurisdiction at Mainpuri. Learned counsel submits that the applicant has been falsely implicated by opposite party no.2 in a complaint case no.537 of 2024, who is a husband of the applicant. He submits that pursuant to the summoning order dated 29.11.2024, the applicant has been summoned to face the trial, but whenever she goes to attend the court proceedings, the complainant threatens her. He prays that the case be transferred from Etah to court of competent jurisdiction at District Mainpuri. Upon hearing the learned counsel for the applicant and considering his submissions, this Court finds that no sufficient ground is made out by the applicant for transfer of the case from District Etah to Mainpuri, as the ground of threat is only an apprehension of the applicant and no actual instance of any incident of threat by other side has been explained either in the petition or during the course of hearing. That apart, the distance between two towns is merely 60 Km., which are well connected, therefore, this Court is not inclined to transfer the case. No other argument has been raised by the learned counsel for the applicant. The application is dismissed. Order Date :- 18.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad