Dismissed¶¶15

Shiva Kriti Kapoor and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC15 Oct 2025TACR/99/2025

Case brief

AI extract

What is this about?

Territorial jurisdiction of transfer application criminal; Lucknow Bench versus Allahabad seat; Criminal Complaint Case No. 15977/2024 Manish Versus Shiva Kriti Farrukhabad; transfer sought to CJM Lucknow; reliance on Division Bench decision Special Appeal No.153 of 2016 Mahendra Pratap Bhatt vs Smt. Saroj Mahana; application dismissed for lack of territorial jurisdiction; applicant may reapply at Allahabad.

What did the court decide?

Since the Court from which transfer of the case is sought is situated within the territorial jurisdiction at Allahabad, the territorial jurisdiction to entertain this transfer application lies at Allahabad, not at the Lucknow Bench. ¶¶14

Shiva Kriti Kapoor and 2 Others Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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TRANSFER APPLICATION (CRIMINAL) No. - 99 of 2025

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Shiva Kriti Kapoor And 2 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

¶7

.....Opposite Party(s)

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Counsel for Applicant(s)	: Sushil Kumar Singh, Ayush Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Heard.

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The instant application has been filed seeking following main relief(s):-

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"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the Criminal Complaint Case No. 15977/ 2024; pending in the Court of ACJ (SD)- I /ACJM, Court No. 8, Farrukhabad (Manish Versus Shiva Kriti) to the Court of CJM Lucknow, in the interest of justice."

¶14

Upon a perusal of the application and hearing learned counsel for the applicant, this Court finds that the applicant seeks transfer of the case from a Court situated within the territorial jurisdiction at Allahabad, therefore, the territorial jurisdiction to entertain this transfer application would lie at Allahabad.

¶15

In view of the aforesaid as also the law laid down by the Division Bench of this Court in Special Appeal No.153 of 2016 (Mahendra Pratap Bhatt 76 (Clmc)2015 vs. Smt. Saroj Mahana), this application is dismissed on account of lack of territorial jurisdiction.

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It is, however, clarified that this order shall not prevent the applicant from moving this Court at Allahabad, seeking same relief.

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Office is directed to return certified/original copies of the documents annexed with this application to the learned counsel for the applicant as per Rules in this regard.

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October 15, 2025 Jyoti/-

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(Saurabh Lavania,J.)

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Shiva Kriti Kapoor and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Shiva Kriti Kapoor and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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