SHIVAKANT TRIVEDI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
TACR/564/2024 · 2025-04-27
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97969 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:64810 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 564 of 2024 Applicant :- Shivakant Trivedi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Gaur,Sr. Advocate,Vibhu Rai Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi,Saurabh Chaturvedi,Sushil Shukla Hon'ble Manoj Bajaj,J. Applicants-Shivakant Trivedi, Pusplata, Krishnakant Trivedi and Amit Awasthi have filed this petition under Section 407(1) Code of Criminal Procedure for transfer of proceedings of Case Crime No. 717 of 2023; titled State vs. Shivakant Trivedi and others, under Sections 498A, 323, 504, 506, 507, 307, 326A IPC and Section 3/4 Dowry Prohibition Act, registered at Police Station Kotwali Nagar, District Banda pending before Chief Judicial Magistrate, Banda to the court of competent jurisdiction at District Allahabad.
Learned counsel for the applicants submits that the father of opposite party no. 2 is a practicing Advocate and being President of the Bar is influencing the proceedings, and because of this, the applicants-accused are unable to defend the said case relating to the matrimonial dispute. Learned counsel prays for transfer of the case from District Banda to any other court of competent jurisdiction. During the course of hearing, though it is stated by learned counsel that the concession of pre-arrest bail was extended to the accused- applicants, but nothing has been shown that actually the applicants have joined the trial proceedings. The zimni orders appended with the file relates to the issuance of warrants against the applicants to secure their present. That apart, merely because the father of the complainant is a practicing Advocate that alone would not be a sufficient ground for transfer of the case, particularly in the absence of any material that he is exercising any influence. The application is dismissed.
Order Date :- 28.4.2025/Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad