Disposed

Amit Kumar and Another v. State of U.P. and Another

Allahabad HC15 Sept 2023TACR/590/2023

Case brief

AI extract

What is this about?

Transfer Application Criminal No. 590 of 2023 was disposed of by the Allahabad High Court. The court quashed the impugned order, stayed the proceedings of the related criminal case pending before the Magistrate in Kanpur, and granted liberty to file revision.

What did the court decide?

The impugned order was quashed; proceedings stayed; liberty to file revision granted within fifteen days.

Amit Kumar and Another Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:179037

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 590 of 2023

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Applicant :- Amit Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Thakur Prasad Dubey,Harsh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Thakur Prasad Dubey, learned counsel for the applicant and Shri Ashish Srivastava, learned A.G.A for the State are present.

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The present transfer application has been filed to quash the order dated 22.08.2023 passed by Chief Metropolitan Magistrate, Kanpur and to transfer the Case No. 106248 of 2021 (State Vs. Amit Kumar & Others), arising out of Case Crime No. 10 of 2021 under Section 67 of Information Technology (Amendment) Act, 2008 pending in the court of Additional Civil Judge (Junior Division)/Metropolitan Magistrate, Court No. 4, Kanpur Nagar, to any other court of same district judgeship.

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Learned counsel for the applicant submits that the applicant no. 1 is father of applicant no. 2 and a marriage proposal was sent to brother in law of the opposite party no. 2, who lodged an FIR against the applicants. It is further submitted that the case has arisen at a pre-matrimonial stage. Learned counsel for the applicant fairly admits that the impugned order is revisable before the Sessions Judge, Kanpur Nagar.

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In view of the above facts and circumstances, the present transfer application is disposed of with a liberty to file a revision against the impugned order within fifteen days from today.

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In the interest of justice till the filing of the revision before the Sessions Judge against the impugned order, the proceedings of Case No. 106248 of 2021 (State Vs. Amit Kumar & Others), arising out of Case Crime No. 10 of 2021 under Section 67 of Information Technology (Amendment) Act, 2008 shall remain stayed.

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Accordingly the present transfer application is disposed of.

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Order Date :- 15.9.2023 Saurabh

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Digitally signed by :- SAURABH High Court of Judicature at Allahabad

Amit Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Amit Kumar and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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