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2025 DAILYLAW 86365 (ALL)

HARSHIT GUPTA v. State of U.P. AND ANOTHER

TACR/722/2024 · 2025-04-21

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60291 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 722 of 2024 Applicant :- Harshit Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Sessions Trial No. 1346 of 2021, titled State Vs. Nikhil Agrawal and others, arising out of Case Crime No.121 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kidwai Nagar, District Kanpur Shahar, pending before the Additional District Judge XIV, Kanpur Nagar to District Budaun or any other district. During the course of hearing, it is not disputed by learned counsel for applicant that the explanation of accused under Section 313 Cr.P.C. stands recorded. The sole ground of threat to the complainant by the accused is not supported with any material and admittedly, no such complaint was made by the complainant when the prosecution witnesses appeared before the trial court for recording their testimony. Thus, considering the above background, no case is made out for transfer of the case. The application is dismissed. Order Date :- 22.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad