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2025 DAILYLAW 76416 (ALL)

SANJEEV AND 4 OTHERS v. State of U.P. AND ANOTHER

TACR/408/2024 · 2025-05-05

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72084 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 408 of 2024 Applicant :- Sanjeev And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh K.S. Chaudhary Counsel for Opposite Party :- Dileep Kumar Shukla,G.A.,Mohit Singh Hon'ble Manoj Bajaj,J. Heard learned counsel for the applicant and learned AGA for the State. By means of this application, the applicant is seeking transfer of Complaint Case No.861 of 2022 (Neeraj @ Gauri v. Sanjeev & ors), under Sections 498A, 323, 504 IPC and 3/4 DP Act, P.S.- Bahjoi, District- Sambhal, pending in the Court of Civil Judge (J.D.)/ J.M., Sambhal to some other district. Learned counsel contends that the opposite party is obstructing the Advocate representing the accused before the trial court and as a result of that, he is forced to change the lawyer. Learned counsel has further drawn the attention of the Court to the complaint dated 13.05.2024 by Advocate Nagendra Pal Singh and contended that on the said date when the applicant was pressing for recording the evidence under Section 244 Cr.P.C., the other side caught hold of him and threatened him. Learned counsel prays that subject trial be transferred from Chandausi to some other district. After hearing learned counsel and considering his submissions, this Court does not find any merit in this application as the order dated 13.05.2024, simply records that the application seeking exemption from personal appearance moved by accused Sanjeev has been allowed. That apart, it is also worth noticing that on the said date, no grievance regarding alleged misbehaviour was raised before the trial court. Concededly the complainant case is pending since 2016, therefore, no exceptional ground is made out for transfer of case. The application is, accordingly, dismissed. Order Date :- 6.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad