Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 68607 (ALL)

SMT BABITA YADAV v. STATE OF U.P. AND 2 OTHERS

TACR/303/2025 · 2025-07-06

Manoj Bajaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:105846 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 303 of 2025 Applicant :- Smt Babita Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Smt Babita Yadav has filed this petition under Section 447 B.N.S.S. for transfer of Case No. 1572 of 2013; titled State vs. Shivendra Singh and others, arising out of Case Crime No. 27-A of 2013, under Sections 323, 504, 506 IPC, Police Station G.R.P. Farrukhabad, District Farrukhabad pending before Additional Chief Judicial Magistrate (Railway), Farrukhabad to any other court of competent jurisdiction at Kanpur Nagar. Learned counsel for the applicant has argued that when father of the applicant was posted at Farrukhabad, the opposite party nos. 2 and 3 had given beatings to the applicant, which resulted in registration of the subject case at Farrukhabad, which is pending trial. Learned counsel submits that at one stage, the trial proceedings were stayed by this Court in 2014, but after 2021, the trial proceedings resumed, and now, the applicant's father has retired, who is not keeping good health, therefore, it is cumbersome for the applicant to visit Farrukhabad to pursue the case against the opposite party nos. 2 and 3. Learned counsel submits that it would be convenient for the applicant to pursue the case, if, the same is transferred to Kanpur Nagar. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, as the case is more than 10 years old, which is based upon a police report, and at best, the applicant is only a witness who is to visit Farrukhabad only for recording her own evidence. Thus, no ground is made out for transfer of the subject case. The application fails and is hereby dismissed. Order Date :- 7.7.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad