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2025 DAILYLAW 59613 (ALL)

FIRM-ASHOK KUMAR GUPTA AND SONS (HUF) AND ANOTHER v. STATE OF U.P. AND ANOTHER

TACR/274/2025 · 2025-07-06

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105690 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 274 of 2025 Applicant :- Firm-Ashok Kumar Gupta And Sons (Huf) And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditi Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. The present application under Section 447 of B.N.S.S. has been filed seeking transfer of Complaint Case No.2238 of 2023, under Section 138 NI Act, 1881, PS- Vrindavan, District- Mathura, pending before Additional Civil Judge (JD)/ FTC, Mathura to any other court of competent jurisdiction at Agra. Learned counsel for applicants has argued that the subject trial is pending at Mathura, whereas the applicant-accused ( a residant of Agra), who is a senior citizen, is suffering from eye ailment. While referring to the medical record (Annexure-3 of the application), he submits that it is cumbersome for the applicant to travel to Mathura to attend the trial proceedings, therefore, he prays for indulgence of the Court for transfer of the trial to Agra. Alternatively, it is prayed that the accused be permitted to be represented through his counsel. Upon hearing learned counsel and considering his submissions, this Court finds no good ground for transfer of the case and the alternative prayer cannot be entertained, as no such request has been made by the applicant- accused before the trial court. Application is dismissed. However, it is left open for the applicant to press his alternative prayer before the trial court. Order Date :- 7.7.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad