Amarjeet Tiwari vs State of U.P. through Secretary Home and 2 Others — Allahabad HC (2026) — LawSathi Research

Amarjeet Tiwari vs State of U.P. through Secretary Home and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: proceedings instituted on the basis of FIR/Case Crime No.52 of 2026 (P.S. Maharua, District Ambedkar Nagar) stayed till the next date of listing; counter affidavit within one week, rejoinder within one week thereafter; matter listed in week commencing 04.05.2026. The transfer application itself remains pending and undecided.

Issue for consideration

Whether the criminal case arising out of Case Crime No.52 of 2026 (Police Station Maharua, District Ambedkar Nagar) should be transferred to another district on the ground that the complainant, an Advocate, wields influence such that the applicants cannot avail the services of any Advocate in the district.

Court's answer

Interim stay: till the next date of listing, proceedings instituted on the basis of FIR/Case Crime No.52 of 2026 (Sections 191(1), 191(3), 190, 352, 324(4) and 109 BNS, Police Station Maharua, District Ambedkar Nagar) shall remain stayed.

Ratio / Principle

The opposite party may file a counter affidavit within one week, and the applicant may file a rejoinder affidavit within one week thereafter.

Key takeaways

The case is listed in the week commencing 04.05.2026.ratio¶16

Detailed headnote1 paragraphs

Interim order (Subhash Vidyarthi, J., High Court of Judicature at Allahabad, Lucknow Bench) in Transfer Application (Criminal) No. 45 of 2026 (TACR). The applicant sought transfer to another district of the criminal case arising out of Case Crime No.52 of 2026 under Sections 191(1), 191(3), 190, 352, 324(4) and 109 BNS, Police Station Maharua, District Ambedkar Nagar, on the ground that the complainant is an Advocate whose influence prevents the applicants from availing the services of any Advocate in the district or filing an anticipatory bail/bail application, and that a cousin of the applicant was beaten up while obtaining a certified copy of the order. The Court held the matter required consideration, directed the opposite party to file a counter affidavit within one week and permitted a rejoinder within a week thereafter, listed the case in the week commencing 04.05.2026, and ordered that proceedings under the said Case Crime remain stayed till the next date of listing. No final decision on the transfer was made; no precedent was cited or relied upon.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CRIMINAL) No. - 45 of 2026

Amarjeet Tiwari

.....Applicant(s)

Versus

State Of U.P. Through Secretary Home And 2 Others

.....Opposite Party(s) Counsel for Applicant(s) : Sanjay Kumar Misra, Pratyush Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE SUBHASH VIDYARTHI, J.

Shri Junaid Khan, Advocate has put in appearance on behalf of the opposite party No.3, who states that he will upload his vakalatnama through e-filing mode during the course of the day.

Heard Shri Pratyush Mishra, the learned counsel for the applicant, Shri Rajiv Kumar Verma, the learned AGA-I and Shri Junaid Khan, the learned counsel for the opposite party No.3.

This is an application for transfer of the case arising out of Case Crime No.52 of 2026 under Sections 191(1), 191(3), 190, 352, 324(4) and 109 BNS, Police Station- Maharua, District- Ambedkar Nagar to some other District on the ground that the complainant is an Advocate and because of his influence, the applicants are not been able to avail the services of any Advocate in District- Ambedkar Nagar and file an application for anticipatory bail/bail. It has been stated that when a cousin of the applicant had gone to get a certified copy of the order, he was beaten up.

The matter requires consideration.

The opposite party may file a counter affidavit within a period of one week.

The petitioner may file a rejoinder affidavit within a period of one week thereafter.

List this case in week commencing 04.05.2026 .

TACR No. 45 of 2026

2

Till the next date of listing, proceedings instituted on the basis of FIR/Case Crime No.52 of 2026 under Sections 191(1), 191(3), 190, 352, 324(4) and 109 BNS, Police Station- Maharua, District- Ambedkar Nagar shall remain stayed .

April 15, 2026 -Amit K-

(Subhash Vidyarthi,J.)

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench