Dismissed

Surendra Singh v. State of U.P. and 3 Others

Allahabad HC22 Nov 2024TACR/708/2024

Case brief

AI extract

What is this about?

In this transfer application under Section 407 Cr.P.C., the applicant sought to move a case dealing with dowry harassment and cruelty from the Court of Chief Judicial Magistrate, Agra, to another district alleging intimidation by influential accused persons. The court found the grounds vague and lacked cogent basis in light of procedural delays witnessed in the trial, leading to the dismissal of t

What did the court decide?

The transfer application under Section 407 Cr.P.C. to move the case from District Agra to another district is dismissed.

Surendra Singh vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:186717

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Court No. - 82

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 708 of 2024

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Applicant :- Surendra Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vipin Chandra Pandey 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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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 Criminal Case No.25560 of 2020 (State Vs. Sunil Kumar and others) arising out of case crime no.1202 of 2018 under Sections 498-A, 323, 506 IPC, Police Station Sadar Bazar, District Agra pending in the Court of Chief Judicial Magistrate, Agra to the Court of any other district having competent jurisdiction.

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Brief facts of the case are that the marriage of the daughter of the applicant was solemnized with opposite party no.2 on 5.6.2010 according to Hindu rites and rituals and after marriage, her in-laws started harassing and causing cruelty to the daughter of the applicant on account of demand of additional dowry and they ousted her from her matrimonial house. On 1.11.2018, the applicant lodged the F.I.R. against her in-laws including her husband and same was registered at case crime no.1202 of 2018 under sections 498-A, 323, 506 IPC and 3/4 D.P. Act, P.S. Sadar Bazar, District Agra. After the registration of F.I.R., the I.O. investigated the matter and submitted charge-sheet against opposite party nos.2 to 4 under Sections 498-A, 323, 506 IPC whereupon the court concerned took cognizance against the accused persons and summoned them.

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It is submitted by the learned counsel for the applicant that the applicant is the informant in this case. Opposite party nos. 2 to 4 are very influential persons in Agra city and they create a lot of hindrance in the proceedings of the case. It is further submitted that the applicant could not appear before the court for the sake of

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recording his evidence only due to terror of opposite party nos. 2 to 4. Opposite party nos.2 to 4 are making pressure upon the applicant and his daughter for withdrawing the case and they are also threatening the applicant and his daughter for dire consequences. Therefore, the applicant, having left with no other option, approached this Hon'ble Court by filing the present application for transfer of the aforesaid case.

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From the perusal of the record, it reveals that charges against the accused persons were framed on 30.11.2023 and since then the matter is pending for recording the evidence of P.W.1 and P.W.2 but they never appeared before the Court till 28.8.2024 and the trial court proceeded to issue bailable warrant against P.W.1 and P.W.2. Hence, the grounds taken in the transfer application are quite vague and cursory and the transfer application possesses no cogent ground for the transfer of the aforesaid case.

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Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the opinion of this Court, no ground to transfer the aforesaid case from District Agra to another other district is made out. The grounds set out by the applicant do not justify the transfer of case as prayed by the applicant.

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Consequently, the transfer application having no merit stands dismissed at this stage .

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Order Date :- 22.11.2024 ss

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

Surendra Singh v. State of U.P. and 3 Others

Case brief

What is this about?

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Surendra Singh v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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