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2025 DAILYLAW 90299 (ALL)

VIMAL KUMAR PANDEY v. STATE OF U.P. AND 7 OTHERS

TACR/526/2024 · 2025-04-03

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47719 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 526 of 2024 Applicant :- Vimal Kumar Pandey Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Anjani Kumar,Gaurav Tiwari,Vyomesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Praveen Mishra,Rakesh Kumar,Sita Ram Yadav Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. for transfer of Criminal Case No.499 of 2022; titled : State Vs. Surendra Pandey & others, arising out of Case Crime No.151 of 2021, Under Section 427 I.P.C., Police Station- Bahariyabad, District- Ghazipur pending in the Court of Additional Judicial Magistrate, Saidpur, Ghazipur to any other competent Court of jurisdiction in District Varanasi. During the course of hearing, it is not disputed that the applicant- complainant had lodged the FIR in the year 2021 and despite submission of the charge-sheet on 29.01.2022 against the accused, they are yet to appear. The ground that the applicant is a senior citizen who is not keeping good health would not be a valid ground for transferring the case from Ghazipur to Varanasi as the trial in the case is yet to commence. Upon hearing the learned counsel and considering his submissions, this Court does not find any ground for transferring the trial to Varanasi as the interest of the applicant is represented by the State. The application is dismissed. Order Date :- 4.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad