Dismissed

Smt Payal Verma v. State of U.P. and 5 Others

Allahabad HC15 Jul 2024TACR/375/2024

Case brief

AI extract

What is this about?

In this transfer application, the High Court examined allegations of pressure by the Presiding Officer to dismiss an appeal. Finding the application baseless due to the applicant's delaying tactics and adjournments, the Court dismissed the transfer prayer but directed the original court to dispose of the appeal within one month.

What did the court decide?

Application dismissed; Court directed the appellate court to decide the appeal within one month.

Smt Payal Verma vs State of U.P. and 5 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120935

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 375 of 2024

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Applicant :- Smt Payal Verma Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.,Mayank Pratap Singh

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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 Criminal Appeal No. 09 of 2023, arising out of complaint case no. 284 of 2011, under Section 138 Negotiable Instrument Act, Police Station Kavi Nagar, District Ghaziabad, pending in the Court of Additional District and Sessions Judge, Court No.7, Ghaziabad to any other Competent Court.

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Heard learned counsel for the applicant, learned counsel for the opposite party nos. 2 to 6 as well as the learned AGA.

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It is submitted by the learned counsel for the applicant that the applicant is convicted accused in the aforesaid complaint case. She has filed an appeal which is pending before the Additional District and Sessions Judge, Court No.7, Ghaziabad. It is also submitted that on each and every date the applicant is pressurized and even threatened by the learned Presiding Officer to make compromise with the complainant / opposite party nos. 2 to 6 otherwise his appeal may be dismissed and might be decided in favour of the opposite party nos. 2 to 6. On this ground when a transfer application was moved before the Sessions Judge, Ghaziabad it was rejected by passing an illegal and perverse order. It is also submitted that in these facts and circumstances the applicant has now no hope of justice from the Court concerned and that is why the present transfer application has been moved before this Court.

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Learned AGA and learned counsel for the opposite party nos.2 and 6 have vehemently opposed the prayer and submitted that the applicant in this case is a convicted accused. The appeal is pending at the final and mature stage and only due to delay the disposal of the said appeal, the present application has been filed for transfer of the case on the basis of false and baseless allegations against the

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Presiding Officer. Since it is a matter under the Negotiable Instrument Act the Court is under the obligation to make all endeavours to settle the dispute between the parties by way of conciliation.

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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 carefully.

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It appears from the perusal of the record that in this matter final argument from both sides was concluded and the matter was fixed for judgment but at that stage adjournment was moved by the present applicant and the judgement could not be pronounced. It also appears that delaying tactics has been adopted by the present applicant before the appellate Court and she did not appear before the Court concerned despite order of the Court and the judgement could not be passed on account of adjournment made by the applicant, thus, from the perusal of the entire record I find no justified ground to transfer the said appeal to any other competent Court at Ghaziabad. Hence, in my opinion it is not a fit case to direct transfer of the aforesaid appeal to any other competent court. The present transfer application is misconceived and baseless. However, the Court concerned is directed to decide the aforesaid appeal within a period of one month from the date of production of certified copy of this order before it.

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The applicant, who is convicted accused in the said case, is cautioned not to move such type of frivolous applications before this Court against the Presiding Officers of the District Courts without any cogent and concrete grounds.

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With the aforesaid 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

Smt Payal Verma v. State of U.P. and 5 Others

Case brief

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Smt Payal Verma v. State of U.P. and 5 Others

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