Dismissed

Raj Kumar Mishra @ Raj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC21 Mar 2024TACR/25/2024

Case brief

AI extract

What is this about?

Transfer application under Section 407 CrPC seeking transfer of a Sessions Trial for murder from Ist Additional Sessions Judge, Lakhimpur Kheri to another court in the same district, alleging the judge had been bribed. Court found no good ground and dismissed the application as a ploy to delay the trial.

What the court decided

AI extract

Raj Kumar Mishra @ Raj Kumar vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26959

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Court No. - 27

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 25 of 2024

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Applicant :- Raj Kumar Mishra @ Raj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Rajiva Dubey, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A.-I for the State as well as perused the record.

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This application Under Section 407 Cr.P.C. has been moved on behalf of applicant: Raj Kumar Mishra @ Raj Kumar with a prayer to transfer the proceedings of Sessions Trial No.269 of 2019, Crime No.333 of 2019, under Section 302 I.P.C., Police Station Kotwali Lakhimpur, District Lakhimpur Kheri pending before the learned Ist Additional Sessions Judge, Lakhimpur Kheri to any other competent Court in the same district.

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It is submitted by learned counsel for the applicant that the applicant has heard from the opposite party nos.3 and 4 that they have purchased the learned Judge before whom the trial of instant case is pending and now they will be acquitted of all the charges. He further submits that on 13.03.2024, the applicant has moved a transfer application under Section 408 Cr.P.C. before the learned Sessions Judge, Lakhimpur Kheri with a prayer to transfer the trial from the court of learned Ist Additional Sessions Judge, Lakhimpur Kheri to any other competent Court in the same district, however, the same was rejected.

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On the other hand, learned A.G.A.-I for the State submits that the allegation made against the learned Ist Additional Sessions Judge, Lakhimpur Kheri is totally false and frivolous. It is just a ploy to delay the proceedings of the aforesaid trial. There is no proper ground for transferring of the aforesaid case from one court to another court in the same district even the learned Sessions Judge has also rightly rejected the application moved by the applicant under Section 408 Cr.P.C. on 13.03.2024. Thus, the instant application being devoid of merits is liable to be dismissed.

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After considering the over all facts and circumstances of the case as well as after hearing the learned counsel for the respective parties, this Court finds that there is no good ground for transfer of the case from one Court to the another within the same district and the learned Sessions Judge, Lakhimpur Kheri had also rightly rejected the application moved by the applicant under Section 408 Cr.P.C. It is just a ploy adopted by the applicant to delay the proceedings of the aforesaid trial. Thus, no interference is required by this Court to entertain the instant application moved under Section 407 Cr.P.C. and the same is liable to be dismissed.

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The present application is, accordingly, dismissed.

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Order Date :- 2.4.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Raj Kumar Mishra @ Raj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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Raj Kumar Mishra @ Raj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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