Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68646 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 230 of 2025 Applicant :- Greesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447(2) B.N.S.S., 2023 to challenge the order dated 26.3.2025 passed by Sessions Judge, Farrukhabad in Criminal Misc. Case (T.A.) No. 138 of 2025 filed in Sessions Trial No. 708 of 2007, Sessions Trial No. 28 of 2008 and Sessions Trial No. 708-A of 2007, pending in the Court of Additional District and Sessions Judge, Court No.7, Farrukhabad, whereby his transfer application has been dismissed. Applicant also seeks transfer of Sessions Trial No. 708 of 2007, arising out of Case Crime No. 449 of 2007, under Section 302/34 I.P.C., Police Station Kotwali, District Farrukhabad, pending before the Additional District Sessions Judge, Court No.7, Farrukhabad to some other court of competent jurisdiction, at Farrukhabad.
Learned counsel for applicant submits that during cross- examination of prosecution witness, the Presiding Officer intervened and altered the answer of the said witness, and this has given rise to a doubt about fair trial, therefore, an application for transfer of the case was made, but the same has been dismissed vide order dated 26.3.2025. In this regard, he has drawn the attention of the Court to the application dated 5.3.2025 filed before the Sessions Court, Farrukhabad. During the course of hearing, learned counsel for applicant is unable to reveal the particulars of the prosecution witness, much less the date of cross-examination and further, it is fairly stated that the case is fixed for recording the explanation of the accused under Section 313 Cr.P.C. The sole ground raised for transfer of the case is insufficient, therefore, the application is dismissed.
Order Date :- 1.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad