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2025 DAILYLAW 98288 (ALL)

MASOOM RAZA RAHI ALIAS RAHI MASOOM RAZA v. STATE OF U.P. AND 5 OTHERS

TACR/569/2024 · 2025-05-05

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72188 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 569 of 2024 Applicant :- Masoom Raza Rahi Alias Rahi Masoom Raza Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- Bhaju Ram Pprasad Sharma,G.A. Hon'ble Manoj Bajaj,J. When the case is called out, no one appeared on behalf of the applicant- accused. Learned A.G.A. for the State is present. By means of this application, transfer has been sought of Special Session Trial No.1169 of 2023 (State v. Massom Raza Rahi @ Rahi Masoom Raza), arising out of Case Crime No.514 of 2023 under Sections 302, 376, 354, 452, 323, 504, 506, 214, 201, 120-B IPC and Section 7/8 POCSO Act, and 3(2)(5) SC/ST Act, P.S.- Kotwali, District - Maharajganj, pending before Special Judge-II (POCSO Act), Maharajganj to some other court of competent jurisdiction to a nearby district. The applicant is an accused in Special Session Trial No.1169 of 2023, wherein his statement under Section 313 Cr.P.C. stands recorded, but he seeks transfer of the trial on the ground that he apprehends that the judgment may be delivered against him. The applicant has placed reliance upon a complaint dated 22.09.2024 and a perusal of the same would indicate that he raised defects in the prosecution case. No exceptional ground is made out for transfer of the case. The application is, accordingly, dismissed. Order Date :- 6.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad