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2025 DAILYLAW 89412 (ALL)

ABHISHEK SHARMA @ VIHAN v. State of U.P. AND ANOTHER

TACR/522/2024 · 2025-07-28

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125290 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 522 of 2024 Applicant :- Abhishek Sharma @ Vihan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dubey,Rajesh Chandra Dwivedi Counsel for Opposite Party :- G.A.,Tarun Jha Connected Alongwith (1) Case :- TRANSFER APPLICATION (CRIMINAL) No. - 499 of 2024 Applicant :- Abhishek Sharma @ Vihan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dubey,Rajesh Chandra Dwivedi Counsel for Opposite Party :- G.A.,Tarun Jha (2) Case :- TRANSFER APPLICATION (CRIMINAL) No. - 500 of 2024 Applicant :- Abhishek Sharma @ Vihan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dubey,Rajesh Chandra Dwivedi Counsel for Opposite Party :- G.A.,Tarun Jha Hon'ble Manoj Bajaj,J. Applicant-Abhishek Sharma @ Vihan has filed the above separate petitions under Section 407 Code of Criminal Procedure for transfer of Criminal Misc. Case No. 728 of 2023; titled Abhishek Sharma alias Vihan vs. Smt. Ayushi alias Pooja, under Section 127(1) Cr.P.C.; Criminal Misc. Case No. 344 of 2023; titled Smt. Ayushi alias Pooja vs. Abhishek Sharma alias Vihan, under Section 127 Cr.P.C., Police Station Kotwali Orai, District Jalaun, pending before the Principal Judge, Family Court Orai, District Jalaun, and Criminal Case No. 216 of 2023; titled State vs. Abhishek Sharma and others, arising out of Case Crime No. 899 of 2020, under Sections 498A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Orai, District Jalaun pending before the Judicial Magistrate, Jalaun at Orai to any other court of competent jurisdiction in any nearby district. Learned counsel for the applicant has argued that as the relative of the opposite party no. 2 is a practicing lawyer at Jalaun, therefore, no Advocate is willing to represent the applicant before the trial court in two matrimonial cases pending adjudication. Learned counsel prays for transfer of the case to any other district outside Jalaun. During the course of hearing, learned counsel for the applicant was asked to substantiate the plea with any convincing material, and in response, learned counsel submits that alternatively the protection be provided to the applicant. This clearly indicates that the applicant has approached this Court on an untenable ground. No ground is made out for transfer of the subject case. Resultantly, the applications fail and are hereby dismissed. Order Date :- 29.7.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad