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2025 DAILYLAW 84345 (ALL)

SHRIKRISHNA v. State of U.P. AND 4 OTHERS

TACR/460/2024 · 2025-04-30

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68754 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 460 of 2024 Applicant :- Shrikrishna Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- Diwanshu Tiwari,G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Sessions Trial No. 501 of 2021, titled State Vs. Seema Pal and others, under Sections 302, 506 I.P.C., Police Station Saurikh, District Kannauj, pending before the Additional Sessions Judge Room No.1, Kannauj to some other court of competent jurisdiction, at Kannauj. No one has appeared on behalf of applicant. Learned A.G.A. is present. Applicant is seeking transfer of the trial from the court of Additional Sessions Judge, Kannauj to some other court of competent jurisdiction in the same district, as the accused while threatening the complainant-applicant proclaimed that the decision would be delivered in their favour. Further, the complainant has levelled allegations against the Presiding Officer, but an application moved before the Sessions Judge, Kannauj for transfer of the case has already been dismissed vide order dated 24.7.2024. The grounds raised by the complainant-applicant on the face of it are not believable as on one hand, the complainant is pleading threat by the accused, and in the same breath, he says that the accused have managed the likely decision to be in their favour. That apart, the averments in the application are without any particulars and a perusal of the order dated 24.7.2024 shows that the Sessions Judge, Kannauj has rightly declined the application for transfer of the case. In view of the above, no case is made out for transfer of the case. The application is dismissed. Order Date :- 1.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad