Irfan Khan v. State of U.P. and 3 Others

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 404 of 2023 Applicant :- Irfan Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Prakash Pandey,Shailesh Kumar Counsel for Opposite Party :- G.A.,Mohd Aadil Siddiqui Hon'ble Sanjay Kumar Pachori,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. As per office report, necessary amendment has not been incorporated by the learned counsel for the applicant. Learned counsel for the applicant to correct the prayer clause during the course of hearing. Shri Chandra Prakash Pandey, learned counsel for the applicant, Shri Nagendra Singh Bisen, learned brief holder for the State and Shri Mohd. Aadil Siddiqui, learned counsel for the opposite party Nos. 2 to 4 are present. Present Transfer Application has been preferred to transfer the Session Trial No. 1056 of 2021, arising out of Case Crime No. 72 of 2021, under Sections 498-A, 304-B, 323, 504, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Lohamandi, District Agra, pending in the court of Additional Sessions judge/Fast Track court, Agra to any other competent court of District Judgeship Kanpur Nagar. Learned counsel for the applicant submits that the applicant is first informant in the above noted case. He fairly admits that two fact witnesses have been examined including the present applicant. There is witness protection committee in the District. Considering the aforesaid facts, the present Transfer Application is disposed of with a direction to the applicant to file an application for protection under witness protection scheme before the Sessions Judge concerned and if the application is filed by the applicant, the Sessions Judge concerned shall decide the same expeditiously. Order Date :- 16.10.2023 T. Sinha High Court of Judicature at Allahabad