Dismissed

Vijay Singh v. State of U.P. and 6 Others

Allahabad HC8 Jul 2024TACR/397/2024

Case brief

AI extract

What is this about?

In this criminal transfer application under Section 407 Cr.P.C., the applicant sought transfer from Chandauli to Varanasi citing apprehension of bias and delay. The Single Judge noted the case was at final argument. No cogent grounds were found for transfer, and the application was refused. However, the Court directed the trial court to conclude the trial within two months.

What did the court decide?

The prayer for transfer of the Session Trial to Varanasi was refused; however, the trial court was directed to decide the matter within two months.

Vijay Singh vs State of U.P. and 6 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:110247

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 397 of 2024

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Applicant :- Vijay Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Atharva Dixit,Pranav Tiwary Counsel for Opposite Party :- 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 Session Trial No. 18 of 2023, arising out of case crime no. 316 of 2011, under Sections 147, 148, 364/149, 302/149, 201/149 IPC, Police Station Aliganagar, District Chandauli, pending in the Court of District and Sessions Judge, Chandauli to the Competent Court at Varanasi.

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Heard learned counsel for the applicant and the learned AGA.

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It is submitted by the learned counsel for the applicant that the present case, within a period of one year, was transferred to several Courts at Sessions Division, Chandauli and even the Sessions Judge, Chandauli himself passed an order that he feels that morally he is not in a position to dispose of the present Session Trial and the applicant, who is informant in the present murder case, has a reasonable apprehension that he might get no justice at Sessions Division, Chandauli. Hence it is prayed that the aforesaid session trial may be transferred to district Varanasi.

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On the other hand, learned AGA opposed the prayer.

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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 the matter is pending at the stage of final argument. It also appears that only on the basis of apprehension the present transfer application has been moved. There is no cogent reason or ground to transfer the said case. Hence, the prayer made by the applicant in this application is refused.

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However, it is observed that the trial court shall make all endeavour to decide the aforesaid session trial within a period of two months from the date of production of certified copy of this order before it.

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With the aforesaid observations, the application stands disposed of.

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Order Date :- 8.7.2024 safi

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

Vijay Singh v. State of U.P. and 6 Others

Case brief

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Vijay Singh v. State of U.P. and 6 Others

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