This transfer application sought to move a criminal complaint case from Bareilly to an adjoining district. The court rejected the applicant's claim that a bias exists because the complainant's husband leads an employee association at the District Court, holding no merit to the transfer request.
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Neutral Citation No. - 2023:AHC:235782
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 791 of 2023
Applicant :- Nawab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Karunesh Narayan Tripathi, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Complaint Case No. 7286 of 2023 (Sita Devi Vs. Nawab Singh and others) pending in the court of Additional Chief Judicial Magistrate, Court No. 5 Bareilly to any other competent court of adjoining district Judgeship.
Learned counsel for the applicant submits that the opposite party no. 2 filed an application under Section 156(3) of Cr.P.C. against the applicant, which has been treated as complaint case and the same is pending for recording the statement of under Section 200 and 202 of Cr.P.C. for inquiry.
It is further submitted that the husband of the opposite party no. 2 namely Surajbhan is an employee of District Court, Bareilly and he is a leader of Employee Association of the District Court, Bareilly, due to this reason he has no faith for fair trial.
In view of the above facts and circumstances of the case, the present transfer application has no merit and deserves to be dismissed.
The present transfer application is dismissed accordingly. Order Date :- 12.12.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal complaint filed within a judicial district should be transferred to an adjoining district due to the opposing party's husband's alleged lack of faith in a fair trial.
2 provisions across 1 enactments
Nawab Singh
Sanjay Kumar Pachori
Ishan Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
