Angad Singh vs State Of U.P. And 4 Others
2018 Latest Caselaw 3308 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 42
 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 434 of 2018
 

 
Applicant :- Angad Singh
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Prabhat Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the informant-applicant and learned A.G.A. for the State.

By way of the instant application, the applicant has sought for transfer of the case being Session Trial No.119 of 2017, State Vs. Raghuveer Tiwari and others, under Sections 332, 353, 504, 506, 364 I.P.C., Police Station Civil Lines Etawah, District Etawah to any other court except districts Mainpuri, Agra and Auraiya.

It has been contended by learned counsel for the informant-applicant that opposite party nos.2 to 5 are notorious persons and they are exercising influence in the area and chances of fair trial will be denied if the case is not transferred from district Etawah to any other court except districts Mainpuri, Agra and Auraiya.

At the very outset a query was raised whether the applicant has sought any protection from the court concerned whereupon learned counsel for the applicant drew blank and engaged attention of the Court to the report of Local Intelligence Unit and claimed that opposite party nos.2 and 5 are notorious persons.

Considered the submissions.

In this case, the transfer application is premature as various order-sheets of the lower court are indicative of fact that non-bailable warrants have been issued by the court concerned on several occasions against the witnesses to come and depose before the court concerned. However, the witnesses did not turn up. This by itself is telling another story. At this juncture, the instant transfer application is not maintainable in its present form and shape.

Consequently, the instant transfer application is dismissed.

However, the applicant may approach the court concerned for protection.

Order Date :- 24.10.2018

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