Allahabad High Court
Rajesh Kumar Saroj vs State Of U.P. And 3 Others on 12 April, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:64602 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 740 of 2023 Applicant :- Rajesh Kumar Saroj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for both the parties, learned AGA for the State and perused the material on record.
The present transfer application has been filed by the applicant with a prayer to transfer the S.S.T.No. 331 of 2023 (State Vs. Sunita and others) arising out of Case Crime No.16 of 2023, under Sections 302, 201, 120-B IPC and 3(2)V of SC/ST Act, Police Station Kalwari, District Basti, pending in the Court of Special Judge (SC/ST Act), Basti to any other court of the District Sultanpur or any other adjoining district of Pratapgarh.
It is submitted that the applicant is informant in this case, in which trial is going on in the Sessions Court at Basti since the incident took place in the jurisdiction of Basti. Most of the witnesses are resident of Pratapgarh where the informant also resides, therefore in view of the convenience of the informant this case be transferred from the Court of Basti to Sultanpur or any other adjoining districts of Pratapgrah It is contended by the learned counsel for the opposite party as well as learned AGA that the incident took place at Basti and trial is also going on in the Court of Special Judge (SC/ST Act) at Basti as having jurisdiction. The opposite parties were in jail and charges were framed against them. Case was fixed for prosecution evidence. The trial of the case is being delayed on the part of informant himself by not attending the Court for evidence. The informant is a police man and there is no any apprehension to him on the part of the opposite parties. In this way, there is no reasonable ground for transfer of case from Basti to Sultanpur or to some other district.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties as well as learned AGA, material on record, there appears no any sufficient ground to transfer the case from the court at Basti to some other District. Accordingly, this transfer application is rejected.
Order Date :- 12.4.2024/SFH