Dismissed
Satya Prakash Dubey v. State of U.P. and Another
Allahabad HCTACR/153/2023
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No. - 2023:AHC:147824 Court No. - 83 Case :-…
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No. - 2023:AHC:147824 Court No. - 83 Case :-…
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Neutral Citation No. - 2023:AHC:147824
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 153 of 2023
Applicant :- Satya Prakash Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Mani Singh,Ulajhan Singh Bind Counsel for Opposite Party :- G.A.,Monu Upadhyay
Hon'ble Sanjay Kumar Pachori,J.
Sri Lal Mani Singh, learned counsel for the applicant, Sri Monu Upadhyay, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Criminal Case No. 446 of 2023, arising out of Case Crime No. 403 of 2022, under Sections 504, 506, 353, 336, 228, 186 of I.P.C. pending in the Court of Judicial Magistrate, Khaga, District Fatehpur to any other competent court of Judgeship Prayagraj or any other District.
Learned counsel for the applicant submits that the opposite party no. 2 is a Senior Clerk in the court, where the case is pending. It is further submitted that on 07.09.2022 and 09.09.2022, the applicant has applied for certified copy of the charge-sheet of Case No. 51 of 2022 but the record was not sent to the copying Section and the appellant paid Rs. 200 and 300 to the Clerk/ opposite party no. 2. In this regard an application under Section 156(3) of Cr.P.C. has been filed against the opposite party no. 2 on 28.06.2022 which is pending in the court of Chief Judicial Magistrate, Fatehpur.
The applicant is an accused in the present case. The opposite party no. 2 is the first informant of the case and the applicant has no hope of fair justice to the applicant.
In view of the above facts and circumstances of the case, the present application deserves no merit and the same is dismissed. Order Date :- 25.7.2023
Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Satya Prakash Dubey
State of U.P.
Another
Sanjay Kumar Pachori
As recorded by the court registry
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