Applicants sought transfer under Section 447 BNSS of a complaint case from Orai, Jalaun, alleging threat and false implication by the complainant. The Court found the allegations lacked material particulars, noted applicants did not seek transfer of a related case also pending at Orai, and dismissed the application.
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Neutral Citation No. - 2025:AHC:49599
Court No. - 77
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 182 of 2025
Applicant :- Anas Irfan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicants have filed this application under Section 447 of Bharatiya Nagarik Suraksha Saniha, 2023 seeking transfer of Complaint Case (Old Case No.6/2024) New S.S.T. No.45 of 2024, titled Aniket Chaudhary vs. Anas Irfan and others , pending in the court of Special Judge S.C./S.T. Act, Orai, District Jalaun to any other competent court of jurisdiction at any district.
Learned counsel submits that the applicants have been falsely implicated by opposite party no.2 in a complaint case no.6 of 2024, who is a member of Scheduled Castes/Scheduled Tribes community and has filed the complaint at the behest of wife of applicant no.1. He submits that pursuant to the summoning order dated 27.06.2024, the applicants appeared before the Court, who have been released on the regular bail, but whenever they go to attend the hearing, the complainant is threatening them and in this regard a complaint in December, 2024 was submitted before the Superintendent of Police, Orai at district- Jalaun. He prays that the case be transferred from Orai at district Jalaun to some other court of competent jurisdiction.
During the course of hearing, it is not disputed by learned counsel that another case under Section 498-A IPC etc. filed by the wife of
applicant no.1 is also pending trial at Orai at district Jalaun, but the applicants have not prayed for transfer of the said case.
Considering the above background as well as the fact that the applicants have not prayed for transfer of the other case from Orai at district Jalaun, this Court is not inclined to accept the prayer, as the allegations relating to alleged threat lack material particulars. A perusal of the application dated 31st December, 2024, submitted before the Superintendent of Police would show that the applicants are only apprehending that as and when they would visit the court, they may be threatened by the complainant.
This application is dismissed.
Order Date :- 7.4.2025
Raj
Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether a pending complaint case should be transferred out of Orai, District Jalaun on the applicants' apprehension of threats by the complainant.
1 provisions across 1 enactments
Anas Irfan
Anas Irfan's co-applicant (Another)
State of U.P.
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
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