Transfer application dismissed for lack of merit where facts showed victim was major and no illegality existed in the trial court's order rejecting summons for educational certificate.
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Neutral Citation No. - 2023:AHC:221853
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 741 of 2023
Applicant :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi,Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Rajeev Kumar Singh Parmar, learned counsel for the applicant and Shri Karunakar Singh, learned A.G.A for the State are present.
The transfer application has been filed to set aside the order dated 26.10.2023 passed by Sessions Judge, Bulandshahar, in Transfer Application No. 761 of 2023 which has been filed to transfer the Special Case No. 1115 of 2017 (State Vs. Ajay Kumar) arising out of Case Crime No 149 of 2014 under Sections 376 of I.P.C 4 of POCSO Act, pending in the court of Additional Sessions Judge (POCSO Act), Court No. 2, Bulandshahar, by which the transfer application has been rejected.
Learned counsel for the applicant submits that the trial court rejected the Application No. 34B which has been filed to summon the educational certificate of the victim. It is further submitted that against the order dated 26.10.2023 the applicant has filed an application under Section 482 of Cr.P.C. before this Court, which is still pending.
Learned counsel for the applicant fairly admits that date of birth of the victim has not been disclosed by the applicant before the trial court by which it is shown that the victim was major at the time of incident.
In view of the above facts and circumstances, there is no illegality in the order dated 26.10.2023, the present transfer application has no merit and it deserves to be dismissed.
Accordingly, the present transfer application is dismissed.
Order Date :- 22.11.2023 Saurabh
Digitally signed by :- SAURABH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application seeking to challenge the rejection of an application under Section 482 Cr.P.C. has merit.
1 provisions across 1 enactments
Ajay Kumar
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
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