This court dismissed a transfer application under Section 407 Cr.P.C. due to lack of cogent evidence regarding undue pressure by the complainant.
Transfer application rejected.
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Court No. - 76
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 214 of 2020
Applicant :- Manoj Alias Manu Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshu Chaudhary 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.27 of 2020 (State of U.P. Vs. Manoj alias Manu Gupta and others) arising out of Case Crime No.1412 of 2019, under Sections 147, 148, 323, 324, 504, 506, 307 I.P.C., Police Station Kotwali Nagar, district Etah pending in the court of Session Judge/Additional Session Judge/Fast Track Court No.1, Etah to some other adjoining district.
Learned counsel for the applicant contends that the complainant is a practising Advocate in district Etah and he is putting undue pressure upon the applicant.
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 :- 20.11.2020 R./
1 issue framed by the court
Whether a transfer application under Section 407 Cr.P.C. for lack of evidence of undue pressure deserves to be allowed.
Manoj Alias Manu Gupta
State of U.P.
Ajit Singh
As recorded by the court registry
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