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Neutral Citation No. - 2025:AHC:135487 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 373 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singh,Pawan Kumar Shukla,Rakesh Pathak Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- Pradeep Kumar has filed this application under Section 447 B.N.S.S., 2023 seeking transfer the proceeding of Special Session Case No.2442, titled State Vs. Pradeep Kumar, arising out of case crime no.0269 of 2016, under Sections 363, 366, 376, 506 IPC under Section 3/4 of the Prevention of Children From Sexual Offences Act and 3(2)5 SC/ST Act, registered at Police Station Etmaddaula, District Agra pending in the court of Additional District and Sessions Judge/Special Judge (POCSO Act), court no.28, Agra to any other court of district Agra.
Learned counsel for the applicant- accused has argued that the prosecutrix has threatened the applicant on number of occasions outside the trial court and proclaimed that she will get him convicted. Learned counsel submits that in this background the applicant believes that he may not get a fair trial, therefore, it would be in the interest of justice, if the subject case is transferred to any other competent court of jurisdiction at District Agra. After hearing the learned counsel and considering his submissions, this Court finds that the similar prayer made by the applicant before the Sessions Judge, Agra stands declined vide order dated
24.07.2025 (Annexure no.5), wherein it is observed that the subject trial falls within the category of "action plan" and the accused- applicant is only attempting to delay the conclusion of trial. The reasoning given in the impugned order while discarding the grounds raised for transfer is justified and further, it seems highly improbable that the prosecutrix would approach the accused to tell him that she would get him convicted. Resultantly, no ground is made out for transfer of the case. The application is dismissed.
Order Date :- 11.8.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad