In this transfer application (Criminal No. 202 of 2023), the applicant argued that he was threatened by the opposite party, restricting his access to counsel. The High Court of Judicature at Allahabad found the application lacked merit and dismissed it.
Transfer application dismissed as devoid of merit.
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Neutral Citation No. - 2023:AHC:145527
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 202 of 2023
Applicant :- Akarsh Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Shri Ashok Kumar Pandey, learned counsel for the applicant and learned A.G.A. for the State are present.
Present Transfer Application has been filed to transfer the case No. 2621 of 2019, under Section 138 of Negotiable Instruments Act, pending in the court of Civil Judge (Senior Division), Fast Track Court, Gorakhpur to the other adjoining District.
Learned counsel for the applicant submits that the applicant has visited several times to the court to engage his counsel to contest his case, but he was threatened by the opposite party No. 2 at many point of time, restraining the applicant to appear before the Court or to submit his response for his innocence.
In view of the above facts and circumstances, the instant application has no merit and deserves to be dismissed.
The instant application is dismissed accordingly.
Order Date :- 20.7.2023 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
whether a transfer application based on alleged intimidation and inability to appear before the court without counsel in a cheque dishonour case has merit.
Akarsh Shukla
State of U.P.
Another
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
