Dismissed

Ram Khelavan v. State of U.P Thru. Prin. Secy. Home and Ors.

Allahabad HC17 Feb 2022/11/2022

Case brief

AI extract

What is this about?

This transfer application was dismissed by the Allahabad High Court for lacking merits. The petitioner alleged interference by a court official but failed to file the trial court order sheet or substantiate the claim with material, rendering the prayer insufficient for transfer of the criminal case.

What did the court decide?

Criminal transfer application No. 11 of 2022 dismissed as it lacks merits and requisite material.

Ram Khelavan Vs State of U.P Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 13 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 11 of 2022

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Applicant :- Ram Khelavan Opposite Party :- State Of U.P Thru. Prin. Secy. Home And Ors.

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Counsel for Applicant :- Deo Raj Singh,Adarsh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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Notices to respondent no. 2 to 4 are dispensed with.

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Through this petition, the petitioner has prayed that criminal case No. 6392/2021 "State Vs. Harendra Kumar Verma and others" arising out of case crime No. 187/2021, under Sections 323/324/504/506 I.P.C. and Section 3(2)(Va), 3(1)(Da) and 3(1) (Dha) of S.C./S.T. Act, Police Station Ishanagar, District Lakhimpur Kheri be transferred from district Lakhimpur Kheri to some other District.

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The cognizance of the case has been taken on 27.07.2021 upon the charge sheet. The only ground taken in this petition by the petitioner in para 7 and 8 is that respondent no. 4 Vivek who is posted as Ahalmad in the Court of learned Chief Judicial Magistrate, Lakhimpur Kheri is interfering in the proceedings of the case. No other allegation has been levelled by the petitioner and neither any material has been filed to substantiate his averments. In para 9, the petitioner has stated that he has apprehension that respondent no. 4 may affect the proceedings of the present case.

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Learned A.G.A. at the outset has raised objection to the prayer submitting that first of all the case is registered under section S.C./S.T. Act and therefore, it must have been tried before the Special Court and respondent no. 4 has no concern with the Special Court. Even otherwise if there is any such mischief to the notice of the petitioner, he can move appropriate application before the District Judge concerned.

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On due consideration to the arguments advanced by the learned counsel for the parties and perusal of the record, it appears that apart from the bald averments that respondent no. 4 is interfering in the proceedings of the case, no other pleading has been made in the petition. Even the order sheet of the trial court has not been filed to demonstrate as to how the case is sought to

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be interfered by respondent no. 4. These are not the grounds on which criminal trail can be transferred from one District to another District.

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The petition lacks merits and is accordingly dismissed.

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Order Date :- 17.2.2022 R.C.

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Digitally signed by RAM CHANDER YADAV Date: 2022.03.04 18:27:14 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ram Khelavan v. State of U.P Thru. Prin. Secy. Home and Ors.

Case brief

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Ram Khelavan v. State of U.P Thru. Prin. Secy. Home and Ors.

Case brief

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What the court decided

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