High Court dismissed a transfer application seeking to move a criminal trial from Mawana to Rampur, noting a pending discharge application in the trial court which negated transfer merit.
Transfer application dismissed.
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Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 422 of 2023
Applicant :- Smt. Prachi Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Gupta,Kamal Yash Sahwal Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari
Hon'ble Sanjay Kumar Pachori,J.
Sri Vikrant Gupta, learned counsel for the applicant, Sri Sunil Kumar Tiwari, learned counsel for the opposite party no.2 and Sri Moti Lal, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Criminal Case No. 378 of 2015 (Vipin Kumar vs. Smt. Prachi), under Section 494 IPC, pending in the court of Judicial Magistrate, Mawana, District Meerut to any competent court of Rampur Judgeship.
Learned counsel for the applicant fairly submits that in the aforesaid criminal case a discharge application under Section 246 Cr.P.C is pending for disposal.
In view of the above facts and circumstances, this transfer application has no merit and is liable to be dismissed.
Accordingly, this transfer application is dismissed.
Order Date :- 26.9.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Smt. Prachi Gupta
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
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