Dismissed¶11

Praveen v. State of U.P. and Another

Allahabad HC21 Jul 2023TACR/389/2023

Case brief

AI extract

What is this about?

Allahabad High Court dismisses criminal transfer application (T.A. (Crl.) No. 389 of 2023, Praveen v. State of U.P. and Another, Sanjay Kumar Pachori, J., 21.7.2023) challenging Sessions Judge, Agra order dated 6.5.2023 refusing transfer of Session Trial Nos. 129-132 of 2015 (Ss. 302, 504 IPC; S. 25 Arms Act) from the Special Judge (SC/ST Act), Agra; allegations of prejudgment/bias by opposite party, trial court and first informant noted but application found devoid of merit; prosecution evidence closed, trial listed for argument; A.G.A. opposed citing absence of date/time and no illegality in impugned order.

What did the court decide?

In view of the above facts and circumstances, the Transfer Application has no merit and deserves to be dismissed. ¶10

Praveen Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:146098

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 389 of 2023

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Applicant :- Praveen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi,Rajeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Girish Kumar, Advocate holding brief of Shri Vijay Tripathi, learned counsel for the applicant and Shri Ashish Srivastava, learned A.G.A. for the State are present.

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Present Transfer Application has been filed to set aside the order dated 6.5.2023 passed by Sessions Judge, Agra, by which the transfer application has been rejected, which was filed to transfer the Session Trial Nos. 129 of 2015, 130 of 2015, 131 of 2015 and 132 of 2015, under Sections 302, 504, IPC and Section 25 Arms Act, pending in the court of Special Judge (SC/ST Act) Agra to any other competent court.

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Learned counsel for the applicant submits that the evidence of prosecution had been closed and the Session Trial is listed for argument. The opposite party has stated openly that the judgment has already been passed and the applicant and other co-accused will be convicted by the trial court. The court concerned has also stated during the course of trial that all the accused persons will be convicted with rigorous imprisonment. The first informant is a businessman and he openly stated in the entire market that the applicant and other co-accused persons will be convicted by life imprisonment. In the aforesaid incident, he has moved an application to police station concerned on 25.4.2023.

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Learned A.G.A. vehemently opposed the prayer and submits that there is no date and time with regard to the fact narrated by the applicant in the transfer application. There is no illegality in the order dated 6.5.2023.

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In view of the above facts and circumstances, the Transfer Application has no merit and deserves to be dismissed.

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The instant application is dismissed accordingly.

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Order Date :- 21.7.2023/T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Praveen v. State of U.P. and Another

Case brief

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Praveen v. State of U.P. and Another

Case brief

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