Allahabad High Court
SMT RAJVANTI DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The transfer application is dismissed as withdrawn.
Summary
The applicant, Smt Rajvanti Devi, filed a transfer application under Section 447 of the Criminal Procedure Code seeking to move a criminal trial (Session Trial No. 507 of 2019) from the Additional Sessions Judge, Court No.5, Varanasi to another Sessions Court in Varanasi and also requested a stay of the proceedings. The application was heard before Hon'ble Justice Samit Gopal, with counsel for the applicant and the opposite parties presenting arguments. During the hearing, the applicant’s counsel informed the court that the transfer application was to be withdrawn. The court accepted the withdrawal and dismissed the transfer application as withdrawn. Consequently, the original criminal proceedings continue in the court where they were pending.
Issues considered
- Whether the transfer application filed under Section 447 CrPC should be entertained or dismissed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 447
Subjects
- transfer of trial
- Section 447 CrPC
- withdrawal of application
- criminal procedure
- session court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 146 of 2026
Smt Rajvanti Devi
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amarnath Tripathi
Counsel for Opposite Party(s) : Awadhesh Kumar Chaudhari, G.A.
Court No. - 53
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Amarnath Tripathi, learned counsel for the applicant, Sri
Awadhesh Kumar Chaudhari, learned counsel for the opposite party no.2 and
Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on
record.
3. The present transfer application under Section 447 BNSS has been filed by
the applicant- Smt Rajvanti Devi, with the prayer to transfer the proceedings in
Session Trial No.507 of 2019 (State Vs. Ashutosh @ Baba and others) arising
out of Case Crime No. 339 of 2019. under Section 302 1.P.C., Police Station
Baragaon, District- Varanasi, pending in the court of Additional Sessions
Judge Court No.5, Varanasi; from Additional Sessions Judge Court no.5,
Varanasi to the learned Court of Sessions Judge, Varanasi or any other
competent Court of Additional Sessions Judge, Varanasi, with a further prayer
that proceeding of the aforesaid case be stayed during the pendency of the
present transfer application.
4. After some arguments, learned counsel for the applicant submits that the
present transfer application be dismissed as withdrawn.
5. As prayed, the present transfer application is dismissed as withdrawn.
March 19, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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