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2025 DAILYLAW 49185 (ALL)

PADMA v. STATE OF U.P. AND ANOTHER

TACR/222/2025 · 2025-05-11

Manoj Bajaj

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:77224 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 222 of 2025 Applicant :- Padma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Sessions Case No. 47 of 2024, titled State Vs. Rajendra and others, arising out of Case Crime No. 442 of 2014, under Section 307 I.P.C., Police Station Banda, District Shahjahanpur, pending before the Additional Sessions Judge, Court No.24, Shahjahanpur to the court of competent jurisdiction at Pilibhit. Learned counsel for the applicant submits that both the parties are advocates by profession and opposite party no.2-husband has falsely implicated the wife-applicant for the alleged commission of offence punishable under Section 307 I.P.C. Learned counsel submits that the applicant is practicing at Pilibhit, whereas the trial is pending at Shahjahnpur and other side is threatening the applicant. He prays for transfer of the subject case from Shahjahnpur to Pilibhit. During the course of hearing, it is fairly stated by learned counsel that the applicant was extended the concession of pre- arrest bail in the subject case and the charges against the applicant are yet to be framed. That apart, the distance between two towns is only 60 kilometers, therefore, no case is made out for transfer of the case. The application is dismissed. Order Date :- 12.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad