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2025 DAILYLAW 46623 (ALL)

SMT. NEERAJ v. STATE OF U.P. AND ANOTHER

TACR/215/2025 · 2025-04-23

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62310 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 215 of 2025 Applicant :- Smt. Neeraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S., 2023 to challenge the order dated 13.2.2025 passed by Sessions Judge, Prayagraj in Transfer Application No. 75 of 2025, whereby the order dated 24.12.2024 passed by Chief Judicial Magistrate, Allahabad in Case Crime No. 227 of 2024, under Sections 323, 504, 427 I.P.C., Police Station Handiya, District Prayagraj has been upheld. Applicant also seeks transfer of Case No. 418 of 2005, pending before the Gram Nyayalaya, Handiya District Prayagraj to some other court of competent jurisdiction, at Prayagraj. Learned counsel for applicant submits that the prosecution of the accused-opposite party no.2 is pending trial since 2004 and the accused being an advocate is extending threats to the applicant, therefore, he prayed for transfer of the subject case pending before the Gram Nyayalaya, Handiya, District Prayagraj, before the Sessions Judge, Prayagraj, but the same has been dismissed vide order dated 24.12.2024. The second application for the same relief met the same fate vide order dated 13.2.2025. During the course of hearing, no particulars about the alleged threats have been mentioned by the learned counsel for the applicant and the trial is pending for the last two decades, therefore, the sole ground raised for transfer of the case is not worth acceptance. Merely because the accused-opposite party no.2 is an advocate, it alone cannot be taken as a sufficient ground for transfer of the case. The application is dismissed. Order Date :- 24.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad