The High Court rejected an application for transfer of a criminal case filed by the complainant, holding that a 40 km distance and unsubstantiated threat allegations do not justify transfer under Section 407 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:152764
Court No. - 86
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 562 of 2024
Applicant :- Ashish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Chandra Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
no.2 is a resident of Kayamganj. The distance of 40 kms. is not of such a nature that might be made a ground for transfer of a criminal case. The grounds taken by the applicant in the present transfer application do not justify the transfer of case as prayed him.
Order Date :- 19.9.2024 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
1 issue framed by the court
Whether the distance of 40 kms and threat allegations constitute sufficient grounds for transfer of a criminal case under Section 407 CrPC?
1 provisions across 1 enactments
Ashish Kumar
State of U.P.
Another
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
