The applicant sought transfer of a criminal case from Jaunpur to Varanasi citing safety threats and residence shift. The Court dismissed the application for lack of merit, noting the applicant originally lodged the case at Jaunpur and failed to provide particulars of threats or shifting details.
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Neutral Citation No. - 2025:AHC:71000
Court No. - 77
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 71 of 2025
Applicant :- Khushi Mishra Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the complainant is seeking transfer of Misc. Case No.1276 of 2024 (Khushi Mishra v. Kailash Nath & ors), Case Crime No.182 of 2024, under Sections 498-A, 323, 504, 506, 354, 354-Ga IPC and Section 3/4 DP Act, P.S.- Chandwak, District- Jaunpur, pending in the Court of Judicial Magistrate-I, Jaunpur to some other court of competent jurisdiction at Varanasi.
Learned counsel contends that though the case was lodged on 06.07.2024 by the applicant and the same is pending at Jaunpur, but later another case bearing Case Crime No.343 of 2024 dated 22.09.2024 was also lodged at Varanasi against accused personsopposite parties. Learned counsel further submits that the applicant has now shifted to Varanasi as a result of threats by the accused, and prays for transfer of case from Jaunpur to Varanasi.
Upon considering the submissions made by learned counsel, this Court does not find any merit in the application as the applicantcomplainant herself lodged the case at Jaunpur and further no particulars of alleged threats by the accused, much less details of her shifting to Varanasi have been given.
Consequently, the application is dismissed.
Order Date :- 5.5.2025 P Kesari
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application for relocating the criminal case from Jaunpur to Varanasi deserves to be allowed on grounds of safety and convenience?
2 provisions across 2 enactments
Khushi Mishra
State Of U.P. And 7 Others
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
