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Neutral Citation No. - 2025:AHC:77329 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 241 of 2025 Applicant :- Pramod Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Kumar Sharma,Sushil Kumar Dubey 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 Special Case No. 472 of 2016, titled State Vs. Pramod, arising out of Case Crime No. 431 of 2016, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali, District Maharajganj, pending before the Special Judge (POCSO Act), Maharajganj to the court of competent jurisdiction at Auraiya or any other district.
Learned counsel for the applicant submits that when the F.I.R. was registered, he had approached this Court through a writ petition bearing Criminal Misc. Writ Petition No. 18436 of 2016, titled Pramod and 3 others Vs. State of U.P. and 2 others, wherein interim concession was extended to him by staying his arrest. According to learned counsel, subsequently, the charge sheet against the applicant-accused was filed under Section 173(2) Cr.P.C., but he was not aware of the trial proceedings, therefore, the trial court issued warrants against the applicant to secure his presence. Learned counsel submits that subsequently, the applicant came to learn about the pending trial proceedings and visited Maharajganj to join the said proceedings, and the complainant threatened him. He prays for transfer of the subject case from Maharajganj to Auraiya. Above background narrates the conduct of the applicant, who is deliberately keeping himself disengaged with the trial proceedings despite knowledge, and has filed this frivolous petition to seek transfer of the case, wherein he is yet to associate himself. This is nothing, but misusing the process of law thereby wasting the precious time of the Court, therefore, the application is dismissed with costs of Rs.10,000/-. The cost to be deposited within one month before the Registrar General, High Court Allahabad, who will, thereafter, forward the same to the High Court Legal Services Committee.
Order Date :- 12.5.2025/P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad