Application for transfer of a criminal case involving murder filed by a first informant was dismissed as devoid of merit.
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Neutral Citation No. - 2023:AHC:176661
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 531 of 2023
Applicant :- Shiv Kumar Opposite Party :- State Of U.P.And 5 Others Counsel for Applicant :- Dewarshi Kumar Rai,Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Ali Hasan, learned counsel for the applicant and Shri Umesh Chandra Verma, learned A.G.A for the State are present.
The present transfer application has been filed to transfer the Sessions Trial No. 678 of 2021 (State Versus Shubham and others) under sections 147, 148, 149, 302 of I.P.C and under section 3(2)5, 3(2)5Ka of the S.C. Act, pending in the court of Special Judge, S.C. Act, Kanpur Nagar to any other adjoining district.
Learned counsel for the applicant submits that the applicant is the first informant in the above noted case and in the incident two persons have been murdered. It is further submitted that the above noted case is a case of direct evidence. Learned counsel for the applicant fairly admits that the prosecution evidence has been recorded and the case is pending for recording the statement of the co-accused persons under section 313 of Cr.P.C.
In view of the above facts and circumstances, the present transfer application has no merit and it deserves to be dismissed.
Accordingly the present transfer application is dismissed.
Order Date :- 6.9.2023 Saurabh
Digitally signed by :- SAURABH High Court of Judicature at Allahabad
Shiv Kumar
Sanjay Kumar Pachori
As recorded by the court registry
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