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Neutral Citation No. - 2025:AHC:125713 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 311 of 2025 Applicant :- Rajesh Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Rajesh Shukla has filed this petition under Section 447 Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of the impugned order dated 17.06.2025 passed by Sessions Judge, Jaunpur in Criminal Misc. Application No. 87 of 2025, as well as transfer the Sessions Trial No. 461 of 2023, arising out of Case Crime No. 169 of 2023, under Sections 147, 323, 304 IPC, Police Station Sarpataha, District Jaunpur pending before Additional District and Sessions Judge (POCSO Act-II), Jaunpur to the court of District and Sessions Judge, Jaunpur.
Learned counsel for the applicant has argued that the Sessions Judge, Jaunpur vide order dated 17.06.2025 has transferred the trial before some other court of competent jurisdiction, and as the deposition of three prosecution witnesses stood recorded, therefore, it would be appropriate, if, the said order is set aside, and the case is transferred back to the Additional District and Sessions Judge (POCSO Act-II), Jaunpur. After hearing the learned counsel and considering his submissions, this Court finds that the transfer of the trial is on administrative grounds, and merely because, three prosecution witnesses stood examined that would not be a ground for interfering with the transfer order passed by the Session Judge, Jaunpur. Resultantly, the application fails and is hereby dismissed.
Order Date :- 29.7.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad