Gyanendra Singh vs State of U.P. and 5 Others

Sri Ravi Kant Vikram Advocate holding brief of Krishna Shankar, learned counsel for the applicant and Shatrughan Yadav, learned AGA for the State-respondent are present.

¶10

The instant transfer application has been filed by the applicant with a prayer to transfer the case No. 6100 of 2023 arising out of case crime No. 473 of 2022, u/s 147, 306, 406 IPC, P.S. Kotwali, District Kannauj, pending in the Court of Chief Judicial Magistrate, Kannauj for further proceeding/trial before competent Court in district Auraiya.

¶11

Learned counsel for the applicant submitted that applicant is father in law of the opposite party no.4 and he filed the instant transfer application with a prayer to transfer the case relates to section 306 IPC from District Kannauj to Auraiya on the ground that applicant is the resident of District Auraiya and opposite party nos. 2 to 6 are the residents of district Kannauj and whenever applicant tried to attend the trial court then they made assault upon him.

¶12

He further submitted that even a complaint in this regard has been filed by the applicant before the S.P. Kannauj which has been annexed at page 53 of the paper book.

¶13

He further submitted that therefore, the instant transfer application should be allowed and proceeding of case should be transferred from the district Kannauj to Auraiya.

¶14

Learned AGA opposed the prayer and submitted that the instant transfer application has been moved by the applicant on vague grounds and if on such grounds transfer application is allowed then this Court will open pandora's box.

¶15

He further submitted that however, applicant made allegation against opposite party no. 2 to 6 that when he tried to attend the trial court on 11.7.2022 then they made assault upon him but there is no medical report of the applicant on record to

¶16

TACR No. 33 of 2025

¶17

2

¶18

substantiate his allegation and therefore, it is not proper to accept the transfer application filed by the applicant and transfer the proceeding of the case from district Kannauj to Auraiya.

¶19

I have heard learned counsel for the applicant and perused the record of the case.

¶20

The instant transfer application has been filed by the applicant who is father in law of the opposite party no. 4 on the ground that trial of the case is pending in district Kannauj and opposite party nos. 2 to 6 are the residents of district Kannauj and applicant, who is the resident of District Auraiya when tried to attend the court at District Kannauj then they harassed him and on 11.7.2022 they made assault upon him and in this regard, he also filed an application on 1.1.2025 before S.P. concerned which has been annexed at page 53 of the paper book but ground taken by the applicant in the instant application, prima facie, appears to be vague as from page 53, which is application dated 1.1.2025 it reflects however, as per allegation on 11.7.2022 and 19.12.2024 opposite party no. 2 to 6 threaten the applicant but admittedly he did not sustain any injury and this Court finds merit in the argument advanced by learned AGA that if on such vague grounds this Court entertain the transfer application then this Court will open pandora's box.

¶21

Further opposite party no. 4 is the daughter in law of the applicant who is lady and she is presently residing in district Kannauj and if trial is transferred in district Auraiya then she will face difficulty in attending the court proceedings in District Auraiya.

¶22

Therefore, considering the facts and circumstances of the case discussed above in view of this Court, there is no good ground on the basis of which this Court should transfer the case from district Kannauj to Auraiya.

¶23

Therefore the instant transfer application is devoid of merit and accordingly, stands dismissed .

¶24

November 3, 2025 Ankita

¶25

(Sameer Jain,J.)

¶26

Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Gyanendra Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Gyanendra Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Kailashnath Shukla vs State of U.P.

Pawan Nishad vs State of U.P.

Nishu Devi vs State of U.P.

Jitendra Kushwah vs State of U.P.

Shivpratap @ Rahul vs State of U.P.

Shafeeq Alias Gatua vs State of U.P.