The Allahabad High Court dismissed a criminal transfer application filed by an accused seeking to shift a complaint case from Mirzapur to Allahabad, viewing the transfer plea as meritless.
Interim order vacated; transfer application dismissed.
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Neutral Citation No. - 2023:AHC:223809
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 141 of 2023
Applicant :- Virendra Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Jitendra Kesarwani, Advocate holding brief of Sri Ajay Kumar, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. Despite service of notice none has appeared for opposite party no.2.
The present transfer application has been filed to transfer the Complaint Case No. 2279 of 2020 (Old No. 8937 of 2014) (Saraswati Maurya vs. Virendra Kumar Pandey), under Section 392 IPC, pending in the court of Additional Civil Judge (Junior Division), District Mirzapur to any competent court of Allahabad Judgeship.
Learned counsel for the applicant submits that the applicant is accused in the present case. The opposite party no.2 is neighbour of the applicant and is a highly influential person and several complaints have been filed against the opposite party no.2 but the authorities have not taken any action against the opposite party no.2.
It is further submitted that the present case has been filed as counter blast case. The applicant is unable to do effective pairavi in district Mirzapur.
In view of the above facts and circumstances of the case, this transfer application has no merit and is liable to be dismissed.
This transfer application is, accordingly, dismissed.
Interim order, if any, is hereby vacated.
Order Date :- 20.11.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Virendra Kumar Pandey
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
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