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2025 DAILYLAW 85410 (ALL)

JITENDRA KUMAR @ JEETU BHARADWAJ AND ANOTHER v. State of U.P. AND ANOTHER

TACR/462/2024 · 2025-05-13

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79116 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 462 of 2024 Applicant :- Jitendra Kumar @ Jeetu Bharadwaj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.,Raj Kumar Singh Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 407 Code of Criminal Procedure seeking transfer of Case No.11436 of 2023, titled State vs. Jitendra @ Jitu and others, arising out of case crime no.272 of 2019, under Sections 452, 323, 504, 506 IPC, pending in the court of Additional Chief Judicial Magistrate, Kairana, Shamli to the court of Additional Chief Judicial Magistrate, Sambhal at Chandauli. None for the applicant. A perusal of the averments contained in the application would show that the sister of applicant no.1 has a matrimonial dispute with the son of opposite party no.2 and litigation involving five cases is pending at Sambhal. The opposite party no.2 has filed the subject case at Shamli and the applicants have prayed for transfer of the said case on the ground that they are getting continuous threats from opposite side. The zimni orders passed by the trial court in the case reflect that the applicants are continuously absenting from the trial court proceedings and arrest warrants are being issued against them. Thus, considering the above background, this Court is not inclined to transfer this case. Dismissed. Order Date :- 14.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad