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2025 DAILYLAW 51546 (ALL)

SMT GUDDI v. State of U.P. AND ANOTHER

TACR/624/2024 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58466 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 624 of 2024 Applicant :- Smt Guddi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra,Narendra Mohan Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Session Trial No.405 of 2012, titled State Vs. Dinesh Kumar and others, arising out of case crime no.402 of 2012, under Sections 498A, 304B, 306 I.P.C. and U/s 3/4 Dowry Prohibition Act, Police Station Prem Nagar, District- Jhansi, pending in the court of Additional District and Session Judge, FTC (OAW), Jhansi to the other competent court of jurisdiction at district Jhansi. No one has appeared on behalf of the applicant- accused. A perusal of the averments in petition would reveal that the complainant, namely, Pavnendra Singh was seen coming out from the Chamber of the Presiding Officer on 15th September, 2022, whereupon, applicant- accused moved an application before the Sessions Judge, Jhansi for transfer of the case, which was dismissed vide order dated 13th October, 2022. Thereafter, transfer application no.555 of 2022 was filed before this Court and the same was also dismissed on 17th January, 2023. The said order was never challenged by the applicant- accused who on the same ground again moved a fresh transfer application before the Sessions Court on 16.08.2023, but again it was dismissed on 28th March, 2024. Again on the same ground, the present application has been filed and in support of the averements contained in the application, no convincing material has been placed. The grounds agitated herein has already been dealt with by the court of Sessions as well as by this Court, therefore, this Court is not inclined to transfer the case. This application is dismissed. Order Date :- 21.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad