Mohd. Waseeque @ Haji Babu v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 580 of 2023 Applicant :- Mohd. Waseeque @ Haji Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri Ramesh Kumar Singh, learned counsel for the State are present. The present transfer application has been filed to transfer the Complaint Case No. 1567 of 2021, (Nitin Vijay Kaushik Vs. Haji Babu) under Section 138 of Negotiable Instrument Act, pending in the Court of Additional Judge (N.I. Act), Moradabad to any other competent court District Judgeship Rampur or any other adjoining district. Learned counsel for the applicant submits that applicant is accused in the above noted case. Learned counsel for the applicant fairly admits that applicant has filed transfer application before the Sessions Judge, Moradabad to transfer the above-noted case to any other court of same judgeship, which was dismissed vide order dated 04.08.2023. Learned A.G.A. for the State pointed out that after rejection of the transfer application under Section 408 of Cr.P.C., the present transfer application has been filed. In view of the above facts and circumstances of the case, the present transfer application has no merit and deserves to be dismissed. The present transfer application is dismissed accordingly. Order Date :- 27.10.2023 Ishan High Court of Judicature at Allahabad