Dismissed

Dr Vishwaraj Singh v. State of U.P. and Another

Allahabad HC1 Aug 2024TACR/445/2024

Case brief

AI extract

What is this about?

The applicant sought transfer of a criminal case from District Siddharth Nagar to District Varanasi citing health issues and residence. The court rejected the application as the case was at the stage of final arguments, finding no justification for transfer at this late stage.

What the court decided

AI extract

Dr Vishwaraj Singh vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146624

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 445 of 2024

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Applicant :- Dr Vishwaraj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Shyam Singh,Ramdhan Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Sri Ganesh Shanker Srivastava, advocate has filed vakalatnama on behalf of opposite party no.2. The same be kept on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the record.

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This transfer application under section 407 Cr.P.C. has been filed by the applicant with a prayer to allow the instant application and to transfer the Criminal Case No.1454 of 2008 (State Vs. Dr. Vishwaraj Singh) arising out of case crime no.680 of 2006 under Sections 143, 504, 506, 323 IPC, Police Station Siddharth Nagar, District Siddharth Nagar pending in the Court of Chief Judicial Magistrate, Siddharth Nagar from District Siddharth Nagar to District Varanasi.

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It is submitted by the learned counsel for the applicant that the applicant is a lady and is suffering from chronic lumbar spine dislocation and she is not in a position even to sit at one place for some time and in this regard learned counsel for the applicant has relied upon the medical certificate issued by Consultant Orthopaedic Surgeon, B.H.U., Varanasi dated 4.7.2024. It is also submitted that the lady applicant, who is an accused in the aforesaid case, is residing at Varanasi whereas the criminal case is running at District Court, Siddharth Nagar which is situated at the distance of about 400 Kms. from Varanasi. Applicant is facing hardship and difficulty in doing the pairvee of the case at Siddharth Nagar.

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Per contra, learned counsel for the opposite party no.2 as well as learned A.G.A. opposed the transfer application.

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The Hon'ble Supreme Court in Monica v. State of Rajasthan, AIR 2010 SC 103 has held that the apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. No universal or hard and fast rules can be prescribed for deciding a transfer petition which has always to be decided on the basis of the facts of each case. Convenience of the parties including the witnesses to be produced at the trial is also a relevant consideration for deciding the transfer petition. The convenience of the parties does not necessarily mean the convenience of the petitioners alone who approached the court on misconceived notions of apprehension. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.

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It appears from the perusal of the record as well as order-sheets of the trial court that the case under reference is pending at the stage of final arguments. All the proceedings of the trial have been exhausted. At the stage of final arguments, I find no justification to transfer the aforesaid case from District Siddharth Nagar to any other District. No ground at this stage is made out for transfer of the case from District Siddharth Nagar to District Varanasi or some other District.

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The transfer application is misconceived and is hereby rejected.

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Order Date :- 4.9.2024

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Dr Vishwaraj Singh v. State of U.P. and Another

Case brief

What is this about?

What the court decided

Dr Vishwaraj Singh v. State of U.P. and Another

Case brief

What is this about?

What the court decided

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