Dismissed¶10

Asif Ansari v. State of U.P. and 3 Others

Allahabad HC16 Apr 2025TACR/200/2025

Case brief

AI extract

What is this about?

Transfer of criminal case; Section 447 BNSS 2023 application; transfer of POCSO special case refused at final-argument stage; trial at last stage, prosecution arguments concluded, only defence arguments pending; Sessions Judge Bareilly transfer rejection upheld; Special Case No. 182 of 2020, Case Crime No. 246 of 2020, Sections 363/366/376 IPC, Section 4 POCSO Act, Bareilly; Asif Ansari v. State of U.P.; Allahabad High Court; Manoj Bajaj, J.; decided 17.4.2025; Neutral Citation 2025:AHC:56532.

What did the court decide?

This Court finds no merit in the transfer application; no ground is made out for transfer of the case from the Special Judge, POCSO Act, Bareilly to any other court of competent jurisdiction. ¶9

Asif Ansari Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:56532

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Court No. - 77

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 200 of 2025

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Applicant :- Asif Ansari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Manoj Bajaj,J.

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Applicant has filed this application under Section 447 B.N.S.S., 2023 to challenge the order dated 4.4.2025 passed by Sessions Judge, Bareilly in Criminal Misc. Case (Transfer Application) No. 114(282) of 2025, filed in Special Case No. 182 of 2020, arising out of Case Crime No. 246 of 2020, under Sections 363, 366, 376 I.P.C. and Section 4 Protection of Children from Sexual Offences Act, 2012, Police Station Subhash Nagar, District Bareilly, whereby his transfer application has been dismissed. Applicant also seeks transfer of Special Case No. 182 of 2020, arising out of Case Crime No. 246 of 2020, pending before the Special Judge, POCSO Act, Bareilly to some other court of competent jurisdiction, at Bareilly.

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Learned counsel for applicant has referred to the decision dated 4.4.2025 and argued that the Sessions Judge, Bareilly has erroneously dismissed his application for transfer of the subject case pending before the Special Judge, Bareilly to some other court of competent jurisdiction. Learned counsel submits that though the trial court has noticed the grounds raised for transfer of the case, but wrongly declined the prayer of the accused-applicant for transfer of the case.

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After hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application as the trial related issues relating to the framing of charges and other grounds have been raised, when the case is pending only for addressing arguments on behalf of defence. A perusal of the order dated 4.4.2025 would show that the trial is at the last stage and the arguments on behalf of public prosecutor have already been addressed. The Sessions Judge, Bareilly has carefully examined the report by the presiding officer where the trial is pending and has rightly dismissed the transfer application.

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Thus, no ground is made out for transfer of the case from Special Judge, POCSO Act, Bareilly to the other court of competent jurisdiction.

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The application is dismissed.

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Order Date :- 17.4.2025 P.S.Parihar

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Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad

Asif Ansari v. State of U.P. and 3 Others

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Asif Ansari v. State of U.P. and 3 Others

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