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2025 DAILYLAW 67865 (ALL)

CHHAVINATH SINGH v. STATE OF U.P.

TACR/329/2025 · 2025-07-15

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114824 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 329 of 2025 Applicant :- Chhavinath Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Babu Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. The applicant- Chhavinath Singh has filed this application under Section 447 of B.N.S.S., 2023, seeking transfer of Criminal Case No.3222 of 2016, titled State Vs. Rajendra and others, under Sections 420, 467, 468, 471, 504, 506 IPC, registered at Police Station Tirwa, District Kannauj, pending in the court of Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Kannauj to the Special Judge (SC/ST Act)/Additional Sessions Judge, Kannauj. Applicant being complainant has filed this application for transfer of case crime no.10A of 2015, under Sections 436, 504, 506, 427 as according to him, these two cross cases relate to the same occurrence, whereas the trials are pending in different courts. He submits that the prayer in this regard made before the Sessions Judge, Kannauj stands declined vide order dated 24th February 2025, therefore, he prays for indulgence of this Court for clubbing the two cases by transferring the trial related to case crime no.10A of 2015. A perusal the order dated 24th February, 2025, clearly indicates that the nature of the two cases is entirely different, as the case registered at the instance of Chhavinath Singh- applicant relates to the alleged commission of offence of cheating, forgery etc. whereas the other case lodged by the other side relates to alleged mischief by the applicant and others. Thus, the observation by the Sessions Judge, Kannauj that the two cases do not relate to one occurrence is correct. Resultantly, no ground is made out to transfer the case. Dismissed. Order Date :- 16.7.2025/Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad