Dismissed

Subhash Chander Pandey v. State of Up and Another

Allahabad HC29 Jul 2024TACR/124/2024

Case brief

AI extract

What is this about?

In this criminal transfer application under Section 407 Cr.P.C., the High Court rejected the applicant's claim that an adverse party resident at the trial court's district was harassmenting him. The Court noted the tendency for such vague, unsubstantiated allegations to be used to transfer cases and dismissed the application.

What did the court decide?

Application under Section 407 Cr.P.C. stands disposed of.

Subhash Chander Pandey vs State of Up and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:121026

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 124 of 2024

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Applicant :- Subhash Chander Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar,Gaurav Tiwari,Narendra Mishra

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Counsel for Opposite Party :- Ashish Kumar Singh,G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This is an application filed under Section 407 Cr.P.C. seeking transfer of Case No. 16 of 2024 (old case no. 231 of 2023), under Section 138 Negotiable Instruments Act, Police Station Hapur Nagar, District Hapur, pending in the Court of Additional Civil Judge (JD) First / Judicial Magistrate, Hapur to the Competent Court at Gautam Budh Nagar.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as the learned AGA.

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It is submitted by the learned counsel for the applicant that the opposite party no.2, complainant of this case, is a practicing Advocate at District Hapur and he makes a lot of nuisance and also makes an attempt to restrain the applicant / accused to enter into the Court premises and under his influence no counsel at district Hapur is ready to do the pairvi of the case of the applicant and the applicant is compelled to take counsel from district Gautam Budh Nagar with him for pairvi of his case. It is also submitted that to this effect the applicant has also moved an application before the trial court. It is further submitted that on account of the aforesaid pressure made by the opposite party no.2/ complainant, at one chance, the applicant could not appear before the Court concerned and non-bailable warrant was issued against him which was subsequently cancelled.

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Learned AGA and learned counsel for the opposite party no.2 have vehemently opposed the prayer and submitted that there is no substance in the allegations made in the transfer application.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record

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carefully.

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The Court is taking notice of this fact that now a days it has been a developing tendency to make certain allegations against the opposite party of the case, who happens to be an Advocate at district Court where the particular case is pending and then alleging that the said Advocate is notorious and he is making all efforts to restrain the applicant for participating in the Court proceeding and trying to make influence upon the court itself and thereby to move applications for transfer of the particular case. Such transfer applications are now being moved in a number of cases and in most of the cases the allegations, such levelled, are vague, general in nature and without any substance. The present case also falls in the said category. I do not think that the case in hand is liable to be transferred from district Hapur to any other district on the grounds mentioned in the transfer application. The applicant can take help of District Legal Services Authority and the Court itself where legal assistance may be provided to him and if it is so, he may pay the necessary expenses to that counsel to do the pairvi of his case. Further, the case cannot not normally be transferred at the instance of the accused.

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With the above observations, the application stands disposed of.

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Order Date :- 29.7.2024 safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Subhash Chander Pandey v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Subhash Chander Pandey v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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