The Single Judge dismissed an application to transfer a criminal trial pending in Ghaziabad to Kanpur Nagar voluntarily dismissing reliance on distance of victim.
Application to transfer the trial from Ghaziabad to Kanpur Nagar dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:176719
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 532 of 2023
Applicant :- Smt Poonam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Shankar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit is filed and it is taken on record today.
Shri Jai Shankar Pandey, 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 Session Trial No 626 of 2023 under sections 328, 376, 506 of I.P.C, under sections 3(2)(V) of S.C./S.T. Act, pending in the court of Special Judge S.C./S.T Act, Ghaziabad to any other competent court of Kanpur Nagar.
Learned counsel for the applicant submits that the applicant is first informant/victim in the above noted case. It is further submitted that the applicant is residing in Kanpur Nagar, and the distance between her residence and district court Ghaziabad, is 450 kilometres. Learned counsel for the applicant fairly admits that the expenses of the traveling is payable by the trial court as per rules.
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
1 issue framed by the court
Whether a transfer application filed by a victim residing on the basis of inconvenience should be allowed.
2 provisions across 2 enactments
Smt Poonam
State of U.P.
Sanjay Kumar Pachori
Saurabh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
