Allowed

Ashutosh Shukla v. State of U.P. and Anohter

Allahabad HC22 Feb 2021TACR/65/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer application by Ashutosh Shukla to move a Sessions Trial under dowry and culpable homicide sections from the Additional Sessions Judge/POCSO-II court in Bhadohi to District Court, Bhadohi. The court was satisfied that the presiding officer's associate had a familial relationship with the informant, raising concerns about trial impartiality.

What did the court decide?

Transfer of Sessions Trial No. 137 of 2011 from Additional Sessions Judge/POCSO-II, Bhadohi to District Court, Bhadohi.

Ashutosh Shukla Vs State of U.P. and Anohter — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 65 of 2021

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Applicant :- Ashutosh Shukla Opposite Party :- State Of U.P. And Anohter Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Sri Rajesh Kumar Pandey, Advocate, has filed Vakalatnama on behalf of opposite party no.2, the same is taken on record.

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Heard learned counsel for the applicant, learned AGA and perused the paper book.

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This transfer application has been moved on behalf of applicant-Ashutosh Shukla, with the prayer to transfer the Sessions Trial No. 137 of 2011 (State Vs. Anurag Shukla and others), under Sections 306, 498-A IPC & 3/4 Dowry Prohibition Act, P.S. Suriyawan, District Bhadohi, pending in the court of Additional Sessions Judge/POCSO-II, Bhadohi to some other competent court at District Court, Bhadohi on the ground that ADGC Sri Pravesh Tiwari, posted in the court of Additional Sessions Judge/POCSO Act, Bhadohi, is the nephew of informant of this case and trial is likely to be influenced by him.

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Learned counsel for opposite party no.2 opposed the contentions raised on behalf of applicant and contended that the transfer application has been rejected by learned Sessions Judge, Bhadohi vide order dated 25.01.2021. The applicant had also moved an application on the same ground before the Sessions Judge, Bhadohi, which was also rejected vide order dated 7.3.2020.

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Learned counsel for the applicant has submitted that earlier the Presiding Officer of the present Court was posted in the Court of Additional Sessions Judge/F.T.C.-I, Bhadohi and the same ADGC was posted in that Court. After transfer of the Presiding Officer in the Court of POCSO Act, Court No.2, the same ADGC was also transferred in that Court.

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The above fact has not been disputed or denied by the learned counsel for opposite party no.2 that Sri Pravesh Tiwari, posted in the court of Additional Sessions Judge/POCSO Act, Bhadohi, is the nephew of informant.

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Considering the facts and circumstances of the case, this transfer application is allowed . The District Judge, Bhadohi is directed to transfer the Sessions Trial No. 137 of 2011 (State Vs. Anurag Shukla and others), under Sections 306, 498-A IPC & 3/4 Dowry Prohibition Act, P.S. Suriyawan, District Bhadohi, pending in the court of Additional Sessions Judge/POCSO-II, Bhadohi to some other competent court having jurisdiction at District Court, Bhadohi.

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Order Date :- 22.2.2021 Prajapati

Ashutosh Shukla v. State of U.P. and Anohter

Case brief

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Ashutosh Shukla v. State of U.P. and Anohter

Case brief

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