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2025 DAILYLAW 49575 (ALL)

RAKESH KUMAR v. STATE OF U.P. AND ANOTHER

TACR/224/2025 · 2025-04-28

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66250 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 224 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Singhal 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 Criminal Misc. Case No. 11X of 2010, titled State Vs. Rakesh Kumar and others, arising out of Case Crime No. 416 of 2009, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Refinery, District Mathura to any other district. Learned counsel for applicant has argued that the subject case is pending against him since 2009 and the close relatives of the complainant-opposite party no.2 are practicing advocate at Mathura. Learned counsel submits that on 6.6.2023 the case was adjourned to 10.7.2023, but on the said date the applicant came to learn that in fact the case was listed for some other date. According to him, the order dated 6.6.2023 contains overwriting, and this was done to mislead the applicant. Learned counsel further submits that on 10.12.2024, when he had gone to attend the court, few unknown persons alongwith his photograph had visited the hotel where the applicant had been staying, and they had harassed the receptionist to inquire about the applicant. On these grounds, learned counsel for the applicant prays for transfer of the case to either Hathras or any other district. After hearing the learned counsel for the applicant and considering his submissions, this Court finds that the ground raised for transfer of the case are misconceived as the order dated 6.6.2023 not at all suggests that the case was adjourned to 10.7.2023 as the next date is clearly mentioned as 14.7.2023. Thus, the overwriting on the left side of the order has no significance. Similarly, the other ground raised regarding harassment of the receptionist is not witnessed by the applicant, and in this regard, no complaint by receptionist has been made. During the course of hearing, it is fairly conceded by learned counsel for the applicant that since 2010 to 2024, the applicant was never obstructed in defending the case in any manner. Resultantly, no case is made out for transfer of the case. The application is dismissed. Order Date :- 29.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad