Praveen vs State Of U.P. And Another
2023 Latest Caselaw 18580 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:146098
 
Court No. - 83
 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 389 of 2023
 
Applicant :- Praveen
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vijay Tripathi,Rajeev Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Shri Girish Kumar, Advocate holding brief of Shri Vijay Tripathi, learned counsel for the applicant and Shri Ashish Srivastava, learned A.G.A. for the State are present.

Present Transfer Application has been filed to set aside the order dated 6.5.2023 passed by Sessions Judge, Agra, by which the transfer application has been rejected, which was filed to transfer the Session Trial Nos. 129 of 2015, 130 of 2015, 131 of 2015 and 132 of 2015, under Sections 302, 504, IPC and Section 25 Arms Act, pending in the court of Special Judge (SC/ST Act) Agra to any other competent court.

Learned counsel for the applicant submits that the evidence of prosecution had been closed and the Session Trial is listed for argument. The opposite party has stated openly that the judgment has already been passed and the applicant and other co-accused will be convicted by the trial court. The court concerned has also stated during the course of trial that all the accused persons will be convicted with rigorous imprisonment. The first informant is a businessman and he openly stated in the entire market that the applicant and other co-accused persons will be convicted by life imprisonment. In the aforesaid incident, he has moved an application to police station concerned on 25.4.2023.

Learned A.G.A. vehemently opposed the prayer and submits that there is no date and time with regard to the fact narrated by the applicant in the transfer application. There is no illegality in the order dated 6.5.2023.

In view of the above facts and circumstances, the Transfer Application has no merit and deserves to be dismissed.

The instant application is dismissed accordingly.

Order Date :- 21.7.2023/T. Sinha