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2025 DAILYLAW 77275 (ALL)

RAHID v. STATE OF U.P. AND 3 OTHERS

TACR/345/2025 · 2025-07-23

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121623 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 345 of 2025 Applicant :- Rahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Kumar,Ranjeet Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- Rahid has filed this application under Section 447 B.N.S.S, 2023 seeking transfer the proceeding S.T. No.201 of 2023, titled State of U.P. Vs. Rahid, under Sections 376 AB, 506 IPC and 5m/6 POCSO Act, arising out of case crime no.226 of 2023, registered at Police Station Khoda, District Ghaziabad, from the court of Additional Session Judge/Special Judge (POCSO)-I, Ghaziabad to some other court of competent jurisdiction at Ghaziabad. Learned counsel for the accused- applicant has approached this Court seeking transfer of the trial on the sole ground that the trial court is not providing hearing to the accused and if the defence counsel reaches late in the court, the counsel is dealt with roughly. According to the counsel, an application in this regard was moved before Sessions Judge, Ghaziabad and the said application stands declined vide order dated 1st July, 2025, Annexure No.5, therefore, the applicant has moved this application before this Court for transfer this case. A perusal of the application for transfer moved by the applicant- accused itself shows that the case is fixed for final arguments and further the order dated 1st July, 2025, indicates that the case being old case under POCSO Act is to be decided expeditiously, in compliance of the direction by this Court. The Sessions Judge, Ghaziabad has given valid reasons while rejecting the application for transfer of the case, therefore, no case is made out for interference. The application is dismissed. Order Date :- 24.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad