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2025 DAILYLAW 72354 (ALL)

MAHESH v. STATE OF U.P. AND ANOTHER

TACR/320/2025 · 2025-09-11

Manoj Bajaj

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 320 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed this application under Section 447 Bhartiya Nagrik Suraksha Sanhita, 2023 for setting aside the order dated 9.6.2025 passed by the Sessions Judge, Kaushambi, as well as for transfer of Sessions Trial No. 87 of 2006; titled State vs. Mahesh and others, arising out of Case Crime No. 379 of 2005, under Sections 302 and 307 IPC, Police Station Saini, District Kaushambi, pending before Additional District and Sessions Judge/Fast Track Court No. 3, Kaushambi to the court of Additional District and Sessions Judge/Fast Track Court No. 2 in the same district. Applicant-accused has pressed for transfer of the trial pending before Additional District and Sessions Judge, Fast Track Court No. 3, Kaushambi to the similar Fast Track Court No. 2, Kaushambi, as the prosecution evidence was recorded before the said court, and the transfer of trial through administrative order dated 25th April, 2025 is not proper, as the case is a part heard case. A perusal of the paper book would show that the application for transfer of the trial back to the Fast Track Court No. 2, Kaushambi was moved before the Sessions Judge, Kaushambi, but the same has been dismissed vide order dated 9th June, 2025 with the observation that the Presiding Officer of Fast Track Court No. 2, Kaushambi presently stands transferred to some other district. Apparently, the prayer made by the applicant-accused is rendered Versus Counsel for Applicant(s) : Dharmendra Pratap Singh Counsel for Opposite Party(s) : G.A., Hari Shankar Chaurasia, Prem Pushp Chaurasia Mahesh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) infructuous, and the order dated 9.6.2025 passed by the Sessions Judge, Kaushambi does not call for any interference. Resultantly, the application is dismissed. September 12, 2025 Brijesh TACR No. 320 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad