Application for transfer of criminal case from Sambhal to Ghaziabad on grounds of applicant's convenience. Court dismissed application, holding that applicant's convenience is insufficient and distance is negligible.
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Neutral Citation No. - 2025:AHC:66336
Court No. - 77
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 283 of 2024
Applicant :- Monika @ Shama Parveen Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad,Shaban Ahmad Counsel for Opposite Party :- G.A.,Saiyad Iqbal Ahmed
Hon'ble Manoj Bajaj,J.
Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Criminal Case No.39 of 2022, titled State of U.P. Vs. Farman , under Sections 363, 366, 506, 342 IPC, Police Station Nakhasa, District Sambhal (Bheem Nagar), pending in the court of Juvenile Justice Board, District Sambhal (Bheem Nagar) to Ghaziabad.
At the instance of the applicant, the case was instituted at district Samhal (Bheem Nagar) and the transfer is prayed on the ground that the applicant has now shifted to Ghaziabad.
The convenience alone of the applicant is not a sufficient ground for transfer of the case, who is only a prosecution witness and her interest would be protected by State. That apart, the distance between two towns is approximately 135 kms. and both cities are well connected, therefore, no case is made out for transfer of the said case.
Dismissed.
Order Date :- 29.4.2025 Raj
Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Is the convenience of a prosecution witness and her shift of residence a sufficient ground for transfer of the criminal case?
1 provisions across 1 enactments
Monika @ Shama Parveen
State of U.P.
Manoj Bajaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
