The Allahabad High Court dismissed a transfer application filed by Sayka Bi against the Sessions Judge, Rampur. The court rejected the prayer for transfer as the applicant failed to establish any specific ground justifying the move from the incumbent court.
Transfer application of the applicant was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 79 of 2021
Applicant :- Sayka Bi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava,Mazhar Ullah Counsel for Opposite Party :- G.A.,Mohit Behari Mathur
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Mohit Behari Mathur, learned counsel for the complainant through video conferencing and learned A.G.A. for the State.
Learned counsel for the applicant has made a prayer to transfer the matter from the Court of Sessions Judge, Rampur to any other court of competent jurisdiction in district - Rampur but he has failed to give specific reason for transferring the case, except that the learned Trial Judge has shown non cooperation with the counsel for the accused while rejecting the application of accused moved for adjournment of the case. It is further submitted that the transfer application of the accused was allowed by Sessions Judge by order dated 28.1.2021 without there being any good ground. The concerned District Judge had directed for transferring the matter to his own court.
Learned counsel for the applicant has made the prayer for transferring the case to any other competent Court in Rampur, but he has failed to show any specific reason as to why the case be transferred from the court of Learned Sessions Judge, Rampur. The only reason given in the present transfer application moved by the applicant that the matter is being lingering on by the accused is not found satisfactory. On the other hand, it can be said that the applicant herself is lingering on the disposal of this case by moving the present transfer applicant. The transfer application of the accused was allowed by Sessions Judge by order dated 28.1.2021 and no illegality or infirmity in the order dated 28.1.2021 could be shown by the learned counsel for the applicant.
Considering the facts and circumstances of the case, considering that the learned counsel for the applicant has failed to give any specific reason, as to why his case be transferred, the prayer made by learned for the applicant is devoid of merit and is liable to be rejected.
The transfer application is accordingly rejected.
The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.7.2021 Faridul
1 issue framed by the court
Whether the transfer application filed by the applicant is maintainable given the lack of specific reasons provided.
Sayka Bi
State of U.P.
Ajit Singh
As recorded by the court registry
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