Court dismissed a second transfer application as not maintainable since a prior application for the same relief on the same cause of action had already been rejected.
Transfer application dismissed; directed to approach concerned S.S.P./S.P.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 170 of 2018
Applicant :- Shail Agrawal Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi
Counsel for Opposite Party :- G.A.,Devashish Mitra
Hon'ble Arvind Kumar Mishra-I,J.
This transfer application has been moved with the prayer to obtain transfer order in respect of entire proceedings of Case No. 3074 of 2014 (State vs. Rajesh Agrawal and others) arising out of Case Crime No. 19 of 2013 under Sections-498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Bareilly pending before the Chief Judicial Magistrate, Bareilly.
Respondent nos.3 and 4 are represented.
This transfer application is the second transfer application, whearas, the first application no. 80 of 2017 was moved earlier wherein on 23.3.2017, the prayer for transferring the case was refused and prayer for transferring the proceeding of aforesaid case was refused.
However, considering the circumstances of the case, the applicant was directed to move application before the concerned S.S.P./S.P. for doing the needful by the concerned authorities.
Since, the previous transfer application was disposed of vide order dated 23.3.2017. The second application for the same cause of action for the same relief is not maintainable.
Accordingly, this transfer application is dismissed.
Order Date :- 20.8.2018 S Rawat
1 issue framed by the court
Whether a second transfer application raised on the same cause of action is maintainable after the first application was disposed of.
Shail Agrawal
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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