BRAJESH & 4 OTHERS v. STATE OF UTTAR PRADESH & ANOTHER
TACR/400/2025 · 2025-09-11
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89143 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 400 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. 124 of 2014, titled State Vs. Vimal and others, arising out of Case Crime No.536-A of 2013, under Sections 302, 504, 506 I.P.C., Police Station Kotwali, District Fatehpur, pending before the Additional Sessions Judge, Court No.1, Fatehpur to some other court of competent jurisdiction at any other district. No one has appeared on behalf of applicants. Learned counsel for the opposite party no.2 and learned A.G.A. are present. A perusal of the application would reveal that the applicants being accused are seeking transfer of the trial to some other court of competent jurisdiction on the sole ground that when the final argument were addressed, enough time was not granted to the defence to argue the case and this had led to an apprehension that the accused may not get justice. In this regard, an application dated 11.8.2025 was filed before the Sessions Court, Fatehpur and the same stands declined vide order dated
13.8.2025. Learned A.G.A. and Mr. Pramod Kumar Singh, learned counsel for the opposite party no.2 have argued that the accused are adopting delay tactics and have unnecessarily prayed for transfer of the case, as the trial court had granted more than sufficient time to the defence to present their case. According to them, the order dated 13.8.2025 passed by the Sessions Judge, Fatehpur, dismissing the transfer application contained Versus Counsel for Applicant(s) : Jitendra Singh, Sonam Singh Counsel for Opposite Party(s) : G.A., Pramod Kumar Singh Brajesh & 4 Others .....Applicant(s) State Of Uttar Pradesh & Another .....Opposite Party(s)
valid reasons. Lastly, it is prayed that the application be dismissed. Upon hearing the learned counsel for the opposite parties and considering their submissions, this Court finds that the case was fixed for 29.7.2025 and 30.7.2025 for final arguments, whereas transfer application was filed on 11.8.2025 and the counsel who represented the accused during trial had not moved the transfer application, therefore, it is evident that the applicants-accused have prayed for transfer of the case without any basis. A perusal of the order dated 13.8.2025 would show that the Sessions Judge, Fatehpur has carefully examined the background of the case while refusing transfer of trial.
Thus, no interference is called for by this Court and the application fails and is hereby dismissed. September 12, 2025 P.S.Parihar TACR No. 400 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad