Kanheya Lal and 2 Others Vs State of U.P. and Another

The present application has been filed to transfer the proceeding of case no.1022 of 2016 (Sunita Vs. Kanhaiyalal and others), u/s 498A, 323, 504 IPC, Police Station-Khair, District-Aligarh, pending before the court of Judicial Magistrate, Khair, District-Aligarh to any other court having competent jurisdiction and may also stay the further proceeding of the case before the court below.

¶13

Present application was filed for transferring the proceeding of case no. 1022 of 2006 from the court of Judicial Magistrate, Khair, District-Aligarh to any other court.

¶14

From perusal of record, it is also clear that initially the transfer application was filed by the applicant before the Chief Judicial Magistrate which was rejected vide order dated 08.07.2025.

¶15

On perusal of affidavit filed in support of the present application, it transpires that allegation has been made against the concerned Judicial Magistrate that he has personal link with the father of opposite party no.2 and the applicant no.1 had seen the father of opposite party no.2 coming out from the chamber of concerned Judicial Magistrate. On the basis of these unfounded allegations against the Judicial Magistrate, the case cannot be transferred from his court to another court, otherwise it will amount to unnecessary pressurizing the Judicial Magistrate.

¶16

Therefore, present application is absolutely misconceived and rejected with a cost of Rs.25,000/-, which shall be deposited by the

¶17

TACR No. 456 of 2025

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2

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appellant before the National Law University, Prayagraj, within a period of one month failing which the District Magistrate, Aligarh will recover the aforesaid amount from the appellant as arrears of land revenue and transmit the same to National Law University, Prayagraj.

¶20

Copy of this order be sent to the Vice Chancellor, National Law University, Prayagraj with a direction to the appellant that if the appellant failed to deposit the cost of Rs.25,000/- then the Vice Chancellor, National Law University, Prayagraj will inform the District Magistrate, Aligarh about non-depositing of the aforesaid cost.

¶21

Copy of this order be also sent to the District Magistrate, Aligarh as well as District Judge, Aligarh.

¶22

However, it is made clear that this court has not expressed any doubt over the integrity of concerned Judicial Officer. However, District Judge, Aligarh or CJM, Aligarh is free to take his own decision whether to transfer or not to transfer the present case before any Judicial Magistrate.

¶23

September 25, 2025 S.C.

¶24

(Arun Kumar Singh Deshwal,J.)

¶25

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Kanheya Lal and 2 Others v. State of U.P. and Another

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