GAYATRI BHAGGO ALIAS GAYATRI MAGO v. STATE OF U.P. AND ANOTHER
TACR/321/2025 · 2025-07-10
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70802 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70802 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111231 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 321 of 2025 Applicant :- Gayatri Bhaggo Alias Gayatri Mago Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Tabrez Ali Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- Gayatri Bhaggo Alias Gayatri Mago has filed this application under Section 447 Bhartiya Nagrik Suraksha Sanhita, 2023 seeking transfer the proceeding of Complaint Case No.1839 of 2023, titled Gayatri Bhaggo @ Gayatri Mago Vs. Manish @ Virendra @ Sandeep Gupta, under Sections 354, 384, 506 IPC, from the court of Additional Chief Judicial Magistrate, court no.3, Agra to Gautam Budh Nagar.
Learned counsel for the applicant prays for transfer of the case on the ground that the applicant is a resident of Delhi who has filed this complaint against accused at Agra and as and when the applicant visits Agra courts to attend the complaint case, opposite party no.2 extends threats to her for withdrawing the case. He submits that in this regard a complaint has already been given to the Commissioner of Police, Agra, whereupon no action has been taken so far. He prays for transfer of the case to a nearby place to Delhi. During the course of hearing, it is fairly stated by learned counsel that pursuant to the summoning order dated 16th December, 2024, the accused has not yet put in appearance. The ground of alleged threat extended by accused is not worth acceptance. Further, a
perusal of the order dated 16th December, 2024 would show that the process was issued against the accused for 30th January, 2025 and the complaint submitted to the Commissioner of Police, Agra is also dated 30th January, 2025. Apparently, the applicant is raising a false ground for transfer of the case. This application is dismissed.
Order Date :- 11.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad