Allowed

Nishu Yadav v. State of U.P. through Secretary Home at Lucknow and Another

Allahabad HC22 Aug 2024TACR/446/2024

Case brief

AI extract

What is this about?

Transfer application under section 407 Cr.P.C. seeking transfer of a POCSO/rape sessions trial from Ghazipur to Varanasi because the applicant, a mother with no income facing threats, resided at Varanasi. Court allowed the transfer and directed transmission of record.

What the court decided

AI extract

Nishu Yadav vs State of U.P. through… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152849

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 446 of 2024

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Applicant :- Nishu Yadav Opposite Party :- State Of U.P. Through Secretary Home At Lucknow And Another Counsel for Applicant :- Anil Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Despite service of notice, none present for the opposite party no.2.

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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 transfer the Sessions Trial No. 381 of 2023 arising out of case crime no. 43 of 2023 under Sections 376 (2) (n), 377, 323, 506 I.P.C. and 5L/6 POCSO Act, P.S.- Saidpur, District- Ghazipur from the Court of Special Judge, POCSO Act, Ghazipur to a competent Court at Varanasi.

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Brief facts of the case are that on the false pretext of marriage opposite party no.2 had made a physical relation with the applicant out of which a male child was born on 19.9.2021 whereas the opposite party no.2 already solemnized marriage with another women. FIR has been lodged and charge sheet has been submitted.

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It is submitted by the learned counsel for the applicant that an application under Section 125 Cr.P.C. for maintenance of her child was filed by the applicant before Principal Judge, Family Court, Varanasi and the present case was filed at Ghazipur, when she was residing there, but at present the applicant is residing at District Varansi. She has no source of income to maintain herself and her child. It is very difficult for her to go the District Ghazipur for the pairvee of the said case. Whenever she goes to contest the case at Ghazipur opposite party no.2 used to threaten her. On these grounds a prayer has been made to transfer the said case from the Court of Special Judge, POCSO Act, Ghazipur to a competent

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Court at Varanasi.

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Per contra, learned A.G.A. could not dispute the factual aspect of the matter.

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In the present case it not in dispute that applicant is residing at Varanasi. Looking to the facts of the case, as stated above, I am of the view that it is in the interest of justice that the instant transfer application should be allowed.

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In view of the above, the present transfer application is allowed .

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Let the Sessions Trial No. 381 of 2023 arising out of case crime no. 43 of 2023 under Sections 376 (2) (n), 377, 323, 506 I.P.C. and 5L/6 POCSO Act, P.S.- Saidpur, District- Ghazipur be transferred from the from the Court of Special Judge, POCSO Act, Ghazipur to a competent Court at Varanasi.

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The Court at Ghazipur shall ensure transmission of record to the District Judgeship Varanasi.

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Order Date :- 19.9.2024 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Nishu Yadav v. State of U.P. through Secretary Home at Lucknow and Another

Case brief

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Nishu Yadav v. State of U.P. through Secretary Home at Lucknow and Another

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