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2025 DAILYLAW 71913 (ALL)

NAFEES ALIAS NAFESUDEEN v. STATE OF U.P. AND ANOTHER

TACR/322/2025 · 2025-07-10

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111293 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 322 of 2025 Applicant :- Nafees Alias Nafesudeen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey,Nandini Mishra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- Nafees Alias Nafesudeen has filed this application under Section 447 Bhartiya Nagrik Suraksha Sanhita, 2023 seeking transfer the proceeding of S.T. No.60 of 2016 arising out of Case Crime No.957 of 2015, titled State Vs. Nafees, under Section 376 IPC, registered at Police Station Phase III, District Gautambudh Nagar, from the court of Additional Sessions Judge/Special Judge, POCSO Act (Ist), Gautambudh Nagarj to Hapur. The applicant being accused in the subject trial is seeking transfer of the case on the ground that the trial has consumed extraordinary long time and the same has not concluded. A perusal of the application would reveal that after completion of prosecution evidence, the explanation of the accused was recorded on 3.2.2023, and defence evidence D.W.1 was examined on 15th March, 2023. Thereafter, the accused- applicant moved an application under Section 311 Code of Criminal Procedure for re- examining P.W.2 to P.W.4, as certain questions were not put to these witnesses, and the said application has been dismissed on 10th June, 2024. The trial is at the final stage, therefore, no good ground is made out to transfer the case. This application is dismissed. Order Date :- 11.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad