Dismissed
Rameswar v. State of U.P. and Another
Allahabad HCTACR/120/2019
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Case :- TRANSFER APPLICATION (CRIMINAL) No.…
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Case :- TRANSFER APPLICATION (CRIMINAL) No.…
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Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 120 of 2019 Applicant :- Rameswar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Yadav,Vijay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G..A for the State and perused the record.
This transfer application has been moved on behalf of the applicant to transfer the criminal case no. 1530 of 2012 as case crime no. 485A of 2004 under section 406 I.P.C. police station Bhadohi District Sant Ravidas Nagar to any competent court of other district.
It is submitted by learned counsel for the applicant that this is cross case of case crime no. 485 of 2004 under section 364 I.P.C. In that case the opp. party no. 2 and 4 others have been convicted under section 364 I.P.C. The opp. party no. 2 and his associates have given threat to the applicant due to which he could not appear before the court concerned to do pairvi of the case. The opp. party no. 2 has criminal history and it is impossible to the applicant to appear before the court concerned for pairvi of the case.
On the other hand learned A.G.A argued that this is a very old case and in this case as per statement of the applicant he has not surrendered before the court concerned due to which the trial could not be concluded even after 16 years. There is no ground to transfer the aforementioned case to any competent court of other district.
This transfer application has been moved on the ground that the applicant has apprehension of his life. The opp. party no. 2 and his associates have given threat to him. In cross case, the opp. party no. 2 has been convicted. There is no evidence on record with regard to threat.
Considering the facts and circumstances of the case, I don't find any ground to transfer the aforementioned case to any competent court of other district. The transfer application is totally devoid of merit and is liable to be dismissed.
Accordingly, the transfer application is dismissed.
Order Date :- 3.2.2020/Gss
Rameswar
Bachchoo Lal
As recorded by the court registry
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