Transfer Application (Criminal) filed to shift a session trial involving 498-A, 304-B IPC offences from Mirzapur to another district. The High Court dismissed the application noting the applicant failed to appear for evidence and lacked merit.
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Neutral Citation No. - 2023:AHC:194992
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 521 of 2023
Applicant :- Laxmi Bai Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Ramesh Kumar Mishra, learned counsel for the applicant and Shri Moti Lal, learned A.G.A. for the State are present.
Present Transfer Application has been filed to transfer the Session Trial No. 99 of 2022, arising out of Case Crime No. 87 of 2021, under Sections 498-A, 323, 506, 304-B, 201, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jigna, District Mirzapur, pending in the court of Sessions Judge, Mirzapur to any other competent court of adjoining District.
Learned counsel for the applicant submits that the applicant is first informant in the above noted case. It is further submitted that the opposite party Nos. 2 to 5 are permanent resident of District Mirzapur and are taking undue advantage. It is further submitted that the applicant is an old and poor lady and the opposite parties are continuously threatening the applicant for not adducing the evidence.
After perusal of the record and comments of the trial court, it appears that the applicant has not produced herself for evidence. Learned counsel for the applicant fairly admits that no date of threatening has been mentioned in the affidavit. He also fairly admits that there is a witness protection committee and the applicant has applied for her protection as witness of the case.
In view of the above facts and circumstances, the Transfer Application has no merit and deserves to be dismissed.
The instant application is dismissed accordingly.
Order Date :- 10.10.2023 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
Laxmi Bai
State Of U.P.
Sanjay Kumar Pachori
Tripti Sinha
As recorded by the court registry
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