Allahabad High Court
TACR/7/2025 of KESHAV (KESHAV RAM) AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS on 13 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 7 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties as well as perused the record. 2. The instant application has been preferred seeking transfer of Case No. 257 of 2010 arising out of
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
TRANSFER APPLICATION (CRIMINAL) No. - 7 of 2025
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
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1. Heard learned counsel for the parties as well as perused the record.
2. The instant application has been preferred seeking transfer of Case No. 257 of 2010 arising out of Case Crime No. 109A of 1997 under Section 323, 325, 504 I.P.C., P.S. Bhinga, District -Shrawasti (Earlier District Bahraich), pending in the Court of learned Judicial Magistrate, Court No. 6 Bahraich to District -Shrawasti.
3. The learned counsel for the applicants stated that an F.I.R was registered on 05.04.1997 as Case Crime No. 109 of 1997 at P.S. Bhinga, District -Bahraich now District -Shrawasti. This F.I.R was lodged against four persons, namely, the applicant No.1- Keshav s/o Shyamlal Pasi, Shyamlal s/o Chedi Paso, the applicant No.2- Sahajram s/o Arjun and Ramnaresh @ Naresh s/o Arjun.
4. It is also stated that the applicant no(s).1 and 2 are residents of Village Nausahara, Post Parshurampur, P.S. Bhinga, District Shrawasti (Erstwhile District -Bahraich).
5. It is also stated that the charge-sheet dated 21.04.1997 in relation to this Case Crime No. 109 of 1997 was filed by the Investigating Officer way back.
6. He further stated that an NCR was lodged on the report of applicant Versus Counsel for Applicant(s) : Santosh Srivastava, Irfan Ahmad Khan Counsel for Opposite Party(s) : G.A. Keshav (Keshav Ram) And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
no.1-Keshav s/o Shyamlal Pasi at P.S. Bhinga, District- Bahraich now District -Shrawasti on 05.04.1997. Thereafter, this NCR was converted into Case Crime No. 109A of 1997 and charge sheet dated 18.07.1997 in connection with Case Crime No. 109A of 1997 was filed against Mangre s/o Changur- opposite party no.2 and Heera s/o Teerath- opposite party no.3. The opposite party no(s).2 and 3 are also residents of Village Nausahara, Post Parshurampur, P.S. Bhinga, District -Shrawasti (Erstwhile District- Bahraich).
7. After creation of District -Shrawasti and creation of District Court at Shrawasti, the entire paper book of Case Crime No. 109 of 1997 was transferred at District -Shrawasti and the trial related to Case Crime No. 109 of 1997 is in progress. Case Crime No. 109 of 1997 is pending as Case No. 2580 of 2021 in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Shrawasti.
8. Inadvertently, the paper book related to Case Crime No. 109A of 1997 could not be transferred to concerned court at District- Shrawasti and said case is pending as Case No. 257 of 2021 arising out of Case Crime No. 109A of 1997 in the Court of Judicial Magistrate, Court No.06, Bahraich.
9. Taking note of the aforesaid, the instant application seeking transfer is hereby allowed.
10. Case No. 250 of 2021 arising out of Case Crime No. 109A of 1997 pending in the Court of Judicial Magistrate, Court No.06, Bahraich is hereby transferred to the competent court at Shrawasti. The concerned Court at Shrawasti is directed to transmit the paper book/file of the case in issue forthwith to the concerned Court at District -Shrawasti. (Saurabh Lavania,J.) November 13, 2025 Preeti TACR No. 7 of 2025 2
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench