Allowed

Kashiram Verma v. State of U.P. and Another

Allahabad HC6 Dec 2023TACR/639/2023

Case brief

AI extract

What is this about?

In this criminal transfer application, the Allahabad High Court allowed the transfer of a pending Session Trial concerning dowry death and cognizance offenses from Deoria to Balrampur, on the grounds that the accused and first informant reside in Balrampur and the charge was not framed.

What did the court decide?

The Session Trial pending in Additional Sessions Judge Deoria is transferred to the competent court of District Judgeship Balrampur.

Kashiram Verma Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:231313

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 639 of 2023

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Applicant :- Kashiram Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Vishwanath Mishra, Advocate holding brief of Shri Santosh Chaubey, learned counsel for the applicant and Shri Ashish Kumar Rai, learned A.G.A. for the State are present. Despite service of notice upon opposite party No. 2, none appears on his behalf.

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Present Transfer Application has been filed to transfer the Session Trial No. 425 of 2023 (State Vs. Ramsaran Verma) arising out of case crime No. 115 of 2023, under Sections 498-A, 304-B, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Rudrapur, District Deoria, pending in the court of Additional Sessions Judge/F.T.C.-1st, Deoria to any other competent court of District Judgeship Balrampur.

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Learned counsel for the applicant submits that the applicant is first informant in the above noted case. Opposite party No. 2 is husband of daughter of applicant, who is accused in the above noted case. It is further submitted that the accused and the first informant are resident of District Balrampur. It is further submitted that the charge has not been framed till today.

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In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed.

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The instant transfer application is allowed and the Session Trial No. 425 of 2023 (State Vs. Ramsaran Verma) arising out of case crime No. 115 of 2023, under Section 498-A, 304-B, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Rudrapur, District Deoria, pending in the court of Additional Sessions Judge/F.T.C.-1st, Deoria is transferred to the competent court of District Judgeship Balrampur.

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Let a certified copy of this order be sent to Sessions Judge, Deoria

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and Sessions Judge, Balrampur for necessary compliance and action.

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Order Date :- 6.12.2023 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Kashiram Verma v. State of U.P. and Another

Case brief

What is this about?

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Kashiram Verma v. State of U.P. and Another

Case brief

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