The High Court dismissed a transfer application filed by an accused in a 1999 criminal case under Sections 302IPC and 201IPC. The applicant alleged bias and lack of legal aid but the court found the application without merit given the case's long pendency and lack of recorded evidence.
Transfer application dismissed.
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Neutral Citation No. - 2023:AHC:194848
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 605 of 2023
Applicant :- Dhiraj Singh Malik Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhinav Singh,Katyayini Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Ms. Katyayini, learned counsel for the applicant and Sri 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. 201 of 2023, (State Vs. Ravita and Others), arising out of Case Crime No. 24 of 1999, under Sections 302, 201, 120-B of I.P.C. pending in the Court Additional Sessions Judge, F.T.C. 2, Baghpat to any other adjoining district.
Learned counsel for the applicant submits that the applicant is one of the accused in the above noted case. It is further submitted that the opposite party no. 3 is the real father of the deceased, who is an practicing Advocate of District Baghpat and earlier he is an exDistrict Government Counsel and he is elected member of District Bar Association and applicant has no hope of justice in District Baghpat. It is further submitted that applicant is trying to engage a good counsel but none of the counsel is ready to take up the case.
Learned counsel for the applicant fairly admits that since 1999 the applicant is released on bail and the case is pending since 1999 and no evidence has been recorded till today.
In view of the above facts and circumstances of the case, the present transfer application has no merit and deserves to be dismissed.
The present transfer application is dismissed accordingly.
Order Date :- 10.10.2023
Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application filed by the accused in Sessions Trial No. 201 of 2023 deserves to be allowed.
3 provisions across 1 enactments
Dhiraj Singh Malik
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
