Dismissed¶9

Viresh v. State of U.P. and Another

Allahabad HC20 Mar 2025TACR/125/2025

Case brief

AI extract

What is this about?

Keywords: transfer of criminal trial; Section 447 B.N.S.S. 2023 jurisdiction; apprehension and complaints against Presiding Officer; prior rejection by Sessions Judge, Etah (order dated 31.1.2025); unchallenged prior order; baseless apprehension; dismissal of transfer application; Sessions Trial No. 215 of 2013; State vs. Lallu Singh and others; Case Crime No. 16 of 2013; Sections 147, 148, 149, 302, 504, 34 I.P.C.; Police Station Rijor, District Etah; Special Judge EC Act Etah; District Kasganj; Allahabad High Court; Justice Manoj Bajaj; counsel Navin Kumar Pandey.

What did the court decide?

This Court does not find any merit in the transfer application; the apprehension expressed by the applicant is baseless. ¶8

Viresh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶9

Issue for consideration

Whether Sessions Trial No. 215 of 2013 ('State vs. Lallu Singh and others', Case Crime No. 16 of 2013, Sections 147, 148, 149, 302, 504, 34 I.P.C., P.S. Rijor, District Etah) pending before Special Judge, EC Act, Etah should be transferred to a court of competent jurisdiction at nearby District Kasganj under Section 447 B.N.S.S., 2023. +1 more

¶7

Court's answer

The applicant's earlier transfer application dated 30.1.2025 had already been rejected by the Sessions Judge, Etah vide order dated 31.1.2025, which specifically observed that an attempt had been made to delay the conclusion of the pending trial.

¶8

Ratio / Principle

This Court does not find any merit in the transfer application; the apprehension expressed by the applicant is baseless.

¶8

Key takeaways

Since the Sessions Judge's order rejecting the application was not challenged by the applicant, on the same ground this Court was not inclined to exercise the jurisdiction under Section 447 B.N.S.S., 2023; accordingly the application fails.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 77), Transfer Application (Criminal) No. 125 of 2025, decided 20.3.2025 by Justice Manoj Bajaj (Neutral Citation 2025:AHC:40544). Applicant Viresh, through counsel Navin Kumar Pandey, petitioned under Section 447 B.N.S.S., 2023 to transfer Sessions Trial No. 215 of 2013 ('State vs. Lallu Singh and others', Case Crime No. 16 of 2013, Sections 147, 148, 149, 302, 504, 34 I.P.C., Police Station Rijor, District Etah), pending before Special Judge, EC Act, Etah, to a court of competent jurisdiction at nearby District Kasganj, citing many complaints against the Presiding Officer and no hope of justice. The Court found no merit in the plea, judging the apprehension baseless; noting further that the Sessions Judge, Etah had already rejected the applicant's application dated 30.1.2025 vide order dated 31.1.2025, specifically observing an attempt to delay the trial's conclusion, and that the order was left unchallenged, the Court declined to exercise Section 447 B.N.S.S., 2023 jurisdiction and dismissed the application.

Viresh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Viresh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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