This is a single-paragraph order dismissing a transfer application. The High Court held that the application lacks merit and there was no evidence regarding the alleged threats against the applicant, thus refusing the prayer to transfer the trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:151966
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 724 of 2022
Applicant :- Lalji Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Singh,Anjani Kumar Singh Counsel for Opposite Party :- G.A.,Vivek Kumar Pal
Hon'ble Sanjay Kumar Pachori,J.
Ms. Shweta Nishad, Advocate holding brief of Sri Anjani Kumar Singh, learned counsel for the applicant, Sri Vivek Kumar Pal, learned counsel for the opposite party no.2 and Sri Moti Lal, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Sessions Trial No. 1298 of 2021, under Section 498-A, 304-B IPC and 3/4 D.P.Act, pending in the court of Additional Sessions Judge/FTC-II, Gautam Budh Nagar to any competent court of Allahabad judgeship.
Learned counsel for the applicant submits that the applicant is first informant and Dental doctor posted in CHC, Kaudihar, Prayagraj. It is further submitted that the applicant is residing 676 Kms. away from the district Gautam Budh Nagar. It is further submitted that opposite party no.2 and other accused threatened to the applicant that if he appears before the court of Additional Sessions Judge/FTC-II Gautam Budh Nagar then they will kill him.
Learned counsel for the opposite party vehemently opposed the prayer and submitted that there is no evidence with regard to threatening as alleged.
This application has no merit and deserves to be dismissed.
Accordingly, this application is dismissed.
Order Date :- 28.7.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application deserves to be allowed regarding the Sessions Trial pending in Gautam Budh Nagar.
Lalji Prajapati
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
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