Dismissed
Praveen Bajauta v. State of U.P. and Another
Allahabad HCTACR/587/2023
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No. - 2023:AHC:194816 Court No. - 83 Case :-…
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No. - 2023:AHC:194816 Court No. - 83 Case :-…
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Neutral Citation No. - 2023:AHC:194816
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 587 of 2023
Applicant :- Praveen Bajauta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.,Harshit Gupta,Ramanand Gupta
Hon'ble Sanjay Kumar Pachori,J.
Sri Shikhar Awasthi, learned counsel for the applicant and Sri Ramanand Gupta, learned counsel for the opposite party no. 2 and Sri Ashish Srivastava, A.G.A. for the State are present.
The present transfer application has been filed to transfer the Sessions Trial No. 1197 of 2022 (State Vs. Rajeev Agarwal & Others), pending in the Court of Additional Sessions Judge-III, Aligarh to any other competent Court of nearby District.
Learned counsel for the applicant submits that the applicant is an accused in the above-noted case, under Section 302/34, 201, 120-B, 437, 506 of I.P.C. It is further submitted that the trail court summoned PW-9 very hastily without providing appropriate electronic evidence and cross-examination of PW-9 was closed by the trial court and no opportunity has been provided to the applicant and other accused persons to cross examine the PW-9 on that time. The applicant is incarcerated in District Jail at Lakhimpur Khiri which is around 400 kms. away from District Aligarh. It is further submitted that the case is pending for recording the statement of the accused under Section 313 of Cr.P.C.
Learned counsel for the applicant fairly admits that the order dated 29.08.2023 has not been challenged by the applicant.
In view of the above facts and circumstances of the case, the present transfer application deserves no merit and the same is dismissed .
Order Date :- 10.10.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Praveen Bajauta
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
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