Applicant sought transfer of his criminal trial under Sections 279, 304-A IPC from Gram Court, Khatauli to Muzaffar Nagar, citing heart ailments and distance. The High Court found no case for transfer given the short distance and the applicant's frequent exemption requests, and dismissed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC:59929
Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 601 of 2024
Applicant :- Raj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicant has filed this application under Section 407 Cr.P.C. to challenge the order dated 14.5.2024 passed by Chief Judicial Magistrate, Muzaffar Nagar and order dated 13.8.2024 passed by Sessions Judge, Muzaffar Nagar in Second Transfer Application No. 272 of 2024, titled Raj Singh Vs. State of U.P., arising out of Case Crime No. 1620 of 2022, under Sections 279, 304-A I.P.C., Police station Khatauli, District Muzaffar Nagar. Applicant also seeks transfer of Case No. 1620 of 2022, titled State Vs. Raj Singh, pending before the Gram Court, Khatauli, Muzaffar Nagar to some other court of competent jurisdiction, at Muzaffar Nagar.
Learned counsel for applicant submits that the trial is pending at Gram Court, Khatauli which is a distance of 22 KM from Muzaffar Nagar where the applicant resides. Learned counsel has drawn the attention of the Court to the medical record of the applicant to contend that he is an heart patient, therefore, it is difficult for him to appear before the trial court at Gram Court, Khatauli. He prays that it would be in the interest of justice, if, the subject case pending at Gram Court, Khatauli is transferred to Muzaffar Nagar, as it would be convenient to the applicant to pursue the said case.
During the course of hearing, learned counsel for applicant is unable to reveal the status of the trial, which is nearly three years old, and further a perusal of the zimni orders would show that frequently the accused-applicant is seeking exemption from personal appearance.
Thus, considering the above background particularly the short distance between Muzaffar Nagar and Khatauli, no case is made out for transfer of the case.
The application is dismissed.
Order Date :- 22.4.2025 P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether a pending criminal case at Gram Court, Khatauli should be transferred to Muzaffar Nagar on grounds of the applicant's health and convenience.
2 provisions across 2 enactments
Raj Singh
State of U.P.
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
