In this transfer application under Section 407 Cr.P.C., the applicant sought transfer of POCSO trial proceedings due to alleged pressure. The court found no specific evidence supporting the claim of undue pressure and rejected the application for lacking merit.
Application rejected; no transfer of proceedings ordered.
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Court No. - 76
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 193 of 2020
Applicant :- Sirajuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- S. A. Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This transfer application under Section 407 Cr.P.C. has been filed by the applicant seeking transfer the proceeding of Session Trial No.167 of 2019 (State Vs. Khalid) arising out of Case Crime No.202 of 2019, under Sections 376(3), 504, 506 I.PC. and 3/4 POCSO Act, Police Station Adampur, district Varanasi, pending in the court of Specail Judge (POCSO) Act, Varansi to the Court of Special Judge (POCSO) Act, Sonbhadra.
Learned counsel for the applicant contends that the accused are putting pressure to withdraw the case.
Learned A.G.A. has vehemently opposed the aforesaid prayer.
From the perusal of the record, Court is of the view that no specific evidence has been adduced by the applicant regarding the undue pressure made by the complainant and there seems to be only verbal assertions that the complainant is putting pressure upon the applicant. The verbal allegations are not supported by any cogent evidence.
Having heard learned counsel for the parties, and perused the material brought on record, this Court does not find any good or specific ground to transfer the above noted case. The application lacks merit and deserves to be rejected.
Accordingly, it is rejected .
Order Date :- 19.11.2020 R./
1 issue framed by the court
Whether there exists any specific ground or cogent evidence to transfer trial proceedings under Section 407 Cr.P.C. from Varanasi to Sonbhadra.
1 provisions across 1 enactments
Sirajuddin
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
