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2025 DAILYLAW 57530 (ALL)

ANSHU KAUSHIK v. STATE OF U.P. AND ANOTHER

TACR/256/2025 · 2025-05-27

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91330 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 256 of 2025 Applicant :- Anshu Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Kuntal 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 Sessions Trial No. 834 of 2024, titled State Vs. Dinesh @ Babbu, arising out of Case Crime No. 131 of 2024, under Section 302 I.P.C., Police Station Sadabad, District Hathras, pending before the Sessions Judge, Hathras to some other district. Learned counsel for complainant-applicant has argued that the opposite party no.2 is an accused in a murder case and the applicant apprehends danger at the hands of the accused. Learned counsel submits that though the charges in the case have been framed against the accused on 23.9.2024, but the applicant is not being allowed to testify before the trial court and as and when, he visits the court, the accused prevented him from entering the court room. He prays for transfer of the subject trial from Hathras to some other district. During the course of hearing, learned counsel was repeatedly asked to narrate about the alleged threats and manner of preventing the applicant from entering the court room, but he is unable to furnish any convincing explanation. Further, a perusal of the zimni orders would show that after framing of charges, the case is being adjourned only for production of the witnesses and despite issuance of warrants against the applicant-complainant there is no appearance on behalf of witness and the trial is not progressing. No exceptional ground is made out for transfer of the case. The application is dismissed. Order Date :- 28.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad