Uttarakhand High Court
C447/27/2025 of NAVED Vs STATE OF UTTARAKHAND on 14 November 2025
OF UTTARAKHAND AT NAINITAL Criminal Misc. Transfer Application No. 27 of 2025 Naved ….....Applicant Versus State of Uttarakhand and Others ….….Respondents Present:- Mr. Mohd. Safdar, Advocate for the applicant. Mr. Pankaj Joshi, A.G.A. for the State. JUDGMENT Hon’ble
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Transfer Application No. 27 of 2025
Naved
….....Applicant
Versus
State of Uttarakhand and Others
….….Respondents
Present:-
Mr. Mohd. Safdar, Advocate for the applicant.
Mr. Pankaj Joshi, A.G.A. for the State.
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JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
By means of the instant application under Section 447 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (“the BNSS”), the applicant seeks transfer of the proceedings of cross cases being Sessions Trial No.142 of 2022, State Vs. Naved and Others, and Sessions Trial No.261 of 2019, State Vs. Istekhar and others, from the court of I, Additional District and Sessions Judge, Haridwar, to a court at Roorkee, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. Record reveals that Sessions Trial No.261 of 2019, State Vs. Istekhar and Others, was pending in the court of V Additional Sessions Judge, Haridwar. It’s a cross case bearing Sessions Trial No. 142 of 2022, State Vs. Naved and Others, which was pending in the court of Additional District Judge, Roorkee, District Haridwar. Transfer Application Misc. No. 3 of 2023, Gulshanvar and another Vs. Naved and Others, was filed in the court of Sessions Judge, Haridwar. After hearing both the parties, by the order dated 30.11.2023, the Sessions Trial No.142 of 2022, State Vs. Naved and Others, which was pending in the Roorkee Court was also transferred to the court of V Additional Sessions Judge, Haridwar, where cross case, Sessions Trial No. 261 of 2019, State Vs. Istekhar and others, was pending. Now, almost after
2 two years, the applicant seeks transfer of both the cases at Roorkee court.
4. Learned counsel for the applicant submits that the territorial jurisdiction, as per police station of the case, falls in Tehsil Roorkee.
5. The Court wanted to know from learned counsel for the applicant as to whether the territorial jurisdiction of Sessions Judge falls within Tehsil? The answer is in negative.
6. Both the cross cases have been transferred in a court of competent jurisdiction by the order dated 30.11.2023 of the District and Sessions Judge, Haridwar. After two years, the applicant seeks transfer.
7. Having considered, this Court does not see any reason to transfer the cases. Accordingly, the instant transfer application deserves to be dismissed.
8. The instant transfer application is dismissed.
(Ravindra Maithani, J)
14.11.2025 Ravi Bisht