The Allahabad High Court allowed a Transfer Application (Criminal) to shift criminal proceedings under sections of the IPC from the District of Bareilly to the Rampur Judgeship based on facts and circumstances.
Transfer of Complaint Case No. 1837 of 2022 from Judicial Magistrate-II, District Bareilly to the competent court of Rampur Judgeship.
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Neutral Citation No. - 2023:AHC:153541
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 74 of 2023
Applicant :- Rajendra Kumar Saxena Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjeev Kumar Gaur,Babita Upadhyay Counsel for Opposite Party :- G.A.,Shivajee Singh Sisodiya
Hon'ble Sanjay Kumar Pachori,J.
Ms. Babita Upadhyay, learned counsel for the applicant, Sri Ashutosh Upadhyay, Advocate holding brief of Sri Shivajee Singh Sisodiya, learned counsel for the opposite party no.2 and Sri Ramesh Kumar Singh, learned A.G.A. for the State are present.
The present application has been filed to transfer the proceedings of Complaint Case No. 1837 of 2022 (Old No. 829 of 2014), under Section 452, 323, 427 and 506 IPC, pending in the court of Judicial Magistrate, II, District Bareilly to any competent court of any other district preferably District Rampur.
Learned counsel for the applicant submits that the applicant is father of the daughter-in-law of the opposite party no.2. It is further submitted that another case, which was filed by daughter of the applicant as Criminal Case No. 14416 of 2013 was pending in District Bareilly and has been transferred from Bareilly to Rampur Judgeship by a co-ordinate Bench of this Court in Transfer Application (Criminal) No. 197 of 2016 vide order dated 30.09.2016 .
Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773.
Learned counsel for the opposite party nos. 2 has vehemently opposed the prayer of this application.
In view of the facts and circumstances of the case, present transfer application is liable to be allowed.
Hence, the transfer application is allowed. The Complaint Case no.
1837 of 2022 (Old No.829 of 2014) arising out of Case Crime No. 210 of 2013, under Sections 452, 323, 427 and 506 pending in the court of Judicial Magistrate-II, District Bareilly is transferred to the competent court of Rampur Judgeship.
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 criminal proceedings should be transferred from District Bareilly to District Rampur.
Colour shows how this judgement treated each authority
Anjali Ashok Sadhwani vs. Ashok Kishinchand SadhwaniReferred¶9
Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 · Who else cites this
Fatema vs. Jafri Syed HusainReferred¶9
Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773 · Who else cites this
Rajendra Kumar Saxena
State Of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
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