Court dismissed an application seeking transfer of a criminal gangster case from Kasganj to district Etah due to lack of merit and the pending status since 2012.
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Neutral Citation No. - 2023:AHC:144381
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 686 of 2022
Applicant :- Rajesh Yadav And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Nitish Kumar, Advocate holding brief of Sri Onkar Nath, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.
This application has been filed to transfer the Criminal Case being G.S.T. No. 231 of 2012 (State vs. Rajesh Yadav and another), under Section 2/3 Gangster Act, pending in the court of Additional Sessions Judge, Court No. 6 Kasganj, to district Etah.
Learned counsel for the applicant submits that on 30.09.2022 the applicants were sitting in the chamber of their counsel Sri Mukesh Gupta and all of sudden 5-6 persons attacked upon them and threatened with dire consequences. In this regard, the applicants filed a complaint case. It is further submitted that in the year 2005 applicants have filed an application against Ajay Yadav Ex-M.L.A., which was registered as Case Crime No. 71 of 2005, under Section 302, 120-B IPC, P.S. Kotwali Dehat, District Etah and after investigation Section 307 IPC has been added.
Learned A.G.A. has vehemently opposed the prayer of this application and submitted that the case is pending since 2012.
In view of the facts and circumstances, this application has no merit and deserves to be dismissed.
Accordingly, this application is dismissed.
Order Date :- 20.7.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Rajesh Yadav
Sanjay Kumar Pachori
Mohammad Azad Ansari
As recorded by the court registry
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