Transfer application to shift a criminal complaint from Varanasi was dismissed. The High Court held the application lacked merit based on the allegations of no faith in the presiding officer and the advocate's presence.
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Neutral Citation No. - 2023:AHC:224870
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 100 of 2023
Applicant :- Patali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maohammd Nadeem,Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today by learned counsel for the applicants, which is taken on record.
Sri Vinay Kumar, learned counsel for the applicants and Sri Ramesh Kumar Singh, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Complaint Case No. 860 of 2019, (Ramashankar Gupta Vs. Patali and others), under Sections 504, 323, 506, 427, 392 of I.P.C., pending in the Court of Additional Chief Judicial Magistrate-IV, Varanasi to any other adjoining district.
Learned counsel for the applicant submits that the applicant is accused in the above noted case and the opposite party no. 2 is a practicing Advocate, in District Court, Varanasi. It is further submitted that on 28.10.2022, the date was fixed in the matter and the applicants went to District Judgeship for surrender but they have seen the opposite party no. 2 in the chamber of Presiding Officer, applicants immediately returned back and very surprisingly, thereafter, the court below issued non-bailable warrants against the applicant. It is further submitted that applicants have no faith upon the Presiding Officer.
In view of the above facts and circumstances of the case, the present transfer application has no merit and deserves to be dismissed.
The present transfer application is dismissed accordingly.
Order Date :- 29.11.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application alleging bias by the opposing advocate and lack of faith in the presiding officer merits granting a transfer of the complaint case.
Patali And 2 Others
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
