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2025 DAILYLAW 83991 (ALL)

PUSHPENDRA KUMAR v. STATE OF U.P. AND 4 OTHERS

TACR/442/2025 · 2025-09-14

Manoj Bajaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 442 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Sessions Trial No. 351 of 2015, arising out of Case Crime No. 216 of 2013, under Sections 307, 504, 506 I.P.C., Police Station Mauranipur, District Jhansi, pending before the Additional Sessions Judge, Jhansi to the court of competent jurisdiction at any other district. Learned counsel for the applicant-complainant has argued that the trial is pending against the accused-opposite party nos. 2 to 5 and the prosecution has not examined the material witnesses i.e. investigating officer and the doctor, therefore, it would result in miscarriage of justice to the complainant. On this ground, learned counsel for the applicant prays for transfer of the trial from Jhansi to the court of competent jurisdiction at any other district. During the course of hearing, learned counsel for the applicant- complainant is unable to reveal if, any application before the trial court for examination of the above mentioned witnesses was been moved or any such order has been challenged by him. The ground raised is not sufficient for transfer of the trial as it would not result in removal of the alleged defect in the prosecution case. Thus, this Court has no hesitation in holding that the application is misconceived, therefore, no ground is made out for transfer the case. Versus Counsel for Applicant(s) : Chandra Prakash Pandey, Mukesh Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Pushpendra Kumar .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) The application fails and is hereby dismissed. September 15, 2025 P.S.Parihar TACR No. 442 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad