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2025 DAILYLAW 57384 (ALL)

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

TACR/361/2025 · 2025-07-30

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127899 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 361 of 2025 Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dutta Pandey Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S., 2023 for transfer of Case No. 85 of 2024, under Section 125 Cr.P.C., Police Station Kotwali City, District Bulandshahar, pending before the Additional Principal Judge, Family Court-I, Bulandshahar to the court of competent jurisdiction at Aligarh or any other district. Learned counsel for the applicant has argued that as a result of matrimonial dispute between the parties, they separated and litigation between them commenced. Learned counsel submits that opposite party no.2-wife is a practicing advocate at Bulandshahar and whenever the applicant visits the court, he is surrounded by various advocates and is being pressurized. He prays for transfer of the subject case from Bulandshahar to Aligarh or any other district. During the course of hearing, it is also pointed out by learned counsel that this Court vide order dated 7.4.2025 has referred the parties before the Mediation and Conciliation Centre of this Court in a petition bearing Application U/S 528 BNSS No. 11178 of 2025 arising against the charge sheet dated 26.10.2024. Merely, because the opposite party no.2 is a practicing advocate that alone would not be a sufficient ground for transfer of the case, particularly when no specific incident of any kind of misbehavior etc. is pleaded in the application. The application fails and is hereby dismissed. Order Date :- 31.7.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad