Dismissed

Santosh Kumar Jaiswal and Anr. v. State of U.P. and 2 Ors.

Allahabad HC9 Mar 2022TACR/338/2018

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The High Court dismissed a Transfer Application seeking to move three civil complaints from the Metropolitan Magistrate, Kanpur Nagar to District Allahabad. The applicant alleged intimidation by an opposite party, but the Court held that the case is conveniently located in Kanpur Nagar for the parties and that threats should be approached via police/administrative authorities. Consequently, the ap

What the court decided

AI extract

Santosh Kumar Jaiswal and Anr. Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 89

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 338 of 2018

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Applicant :- Santosh Kumar Jaiswal And Anr. Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Prabhav Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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Case called out in the revised list.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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None appears on behalf of O.P. No. 2 despite service of notice.

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Applicants have filed this Transfer Application to transfer Complaint Case No. 5253 of 2017, (Piyush Kant Shukla Vs. M/s Sri Sri Balaji Traders and another), Complaint Case No. 45940 of 2017 (Piyush Kant Shukla Vs. M/s Sri Sri Balaji Traders and Another) and Complaint Case No. 45276 of 2017 (Piyush Kant Shukla Vs. M/s Sri Sri Balaji Traders and another) pending before the Court of Metropolitan Magistrate IV, Kanpur Nagar to District Allahabad.

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Submission of learned counsel for the applicants is that O.P. No. 2, Piyush Kant Shukla is a practicing advocate in District Kanpur Nagar and is highly influential person who has influence in District Court, Kanpur. O.P. No. 2 threatened the applicant to face serious and dire circumstances, if they come to pursue the matter.

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Perusal of the record reveals that parties of the case which is subject matter of Transfer Application, are residents of Kanpur Nagar so pursuing cases at Kanpur Nagar is convenient to both the parties.

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So far as alleged threatening by the O.P. No. 2, Piyush Kant Shukla who is practicing advocate in District, Kanpur Nagar is concerned, applicant may approach the police/administrative authorities for redressal of his grievances.

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In view of the above, present Transfer Application lacks merits and is liable to be dismissed and is, accordingly dismissed.

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Order Date :- 9.3.2022/A. Mandhani

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Digitally signed by ABHISHEK MANDHANI Date: 2022.03.09 15:18:44 IST Reason: Location: High Court of Judicature at Allahabad

Santosh Kumar Jaiswal and Anr. v. State of U.P. and 2 Ors.

Case brief

What is this about?

What the court decided

Santosh Kumar Jaiswal and Anr. v. State of U.P. and 2 Ors.

Case brief

What is this about?

What the court decided

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