Transfer application under CrPC 407 disposed of as the underlying criminal case in which the applicant was acquitted had already been concluded, rendering no adjudication necessary.
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. - 2024:AHC-LKO:45630
Court No. - 13
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 7 of 2021
Applicant :- Suraj Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sulabh Kr. Srivastava,Uday Prakash Srivastava
Counsel for Opposite Party :- G.A.,Avdhesh Kumar Pandey,Sudeep Kumar
Hon'ble Saurabh Lavania,J.
The present application u/s 407 CrPC has been filed for the following main relief:
"It is respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the trial of the Criminal Case No. 862/2019 (State Versus Suraj Agrawal) in respect of Case Crime No. 0189/2018, Under Section- 498-A, 323, 504, 506 I.P.C. and Section-3/4 Dowry Prohibition Act, Police Station- Gangaghat, District- Unnao, pending in the court of Chief Judicial Magistrate, Unnao to competent court/Chief Judicial Magistrate, District- Bareilly, in the interest of justice."
Taking note of the fact(s) as appears from the record including the affidavit of settlement dated 31.10.2023 filed by the parties (applicant and opposite party No. 2/ Smt Swati Agrawal), it is apparent that the criminal case in issue i.e. Criminal Case No. 862/2019 (State Versus Suraj Agrawal) arising out of Case Crime No. 0189/2018, Under Section- 498-A, 323, 504, 506 I.P.C. and Section-3/4 Dowry Prohibition Act, Police Station- Gangaghat, District- Unnao, has already been concluded vide judgment dated 02.01.2024, whereby the applicant has been acquitted, this Court finds that now there is no dispute between the parties and accordingly this Court is of the view that no adjudication in the matter is required.
Accordingly, the matter is consigned to record.
Order Date :- 4.7.2024 (Manoj K.)
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Suraj Agrawal
Saurabh Lavania
Manoj Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
