Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 441 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. By means of this application, the applicant is seeking transfer of Criminal Revision No.197 of 2025 (Dr. Narendra Singh v. State of UP & anr), filed by the applicant under Section 438 of BNSS, pending before District & Sessions Judge, Gautam Budh Nagar to district Meerut or any other adjoining district.
Learned counsel for the applicant has argued that the FIR bearing Case Crime No.1308 of 2014 lodged at the instance of the applicant for alleged commission of offence punishable under Section 306 IPC was investigated wherein the final report under section 173(2) CrPC was filed exonerating the accused-opposite party no.2. Learned counsel has further argued that aggrieved against the conclusion of the investigating officer, a protest petition was filed by the applicant before the Magistrate, however, the same was also dismissed vide order dated 20.01.2025 and aggrieved against the said order, subject revision petition was filed by the applicant which is pending adjudication before District & Sessions Court, Gautam Budh Nagar.
Learned counsel has highlighted that the applicant is 83 years old person who is suffering from various ailments and, therefore, it is cumbersome for him to pursue the revision petition at Gautam Budh Nagar and prays that revision petition be transferred to some other court of competent jurisdiction at Meerut, as it would be convenient for the applicant to pursue the matter. Learned counsel has further pointed out that other litigation between the parties is also pending at Meerut, therefore, she prays for transfer of the case to Meerut. Versus Counsel for Applicant(s) : Shagun K. Saran, Suchita Mehrotra Counsel for Opposite Party(s) : G.A. Dr. Narendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
After hearing learned counsel and considering his submissions, this Court finds that the applicant pursued the protest petition before the Magistrate at Gautam Budh Nagar only till it was finally decided against him. He never made application for transfer of the said proceedings much less on the ground of illness or health issues. Now, the revision petition already stands filed. Concededly, in the pending proceedings, the personal appearance of the applicant is not necessary who is represented by his counsel. Since, the interest of the applicant is being pursued by the counsel, this Court is not inclined to transfer the case. Resultantly, the application is dismissed. September 12, 2025 Prachi TACR No. 441 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad