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2024 Supreme(All) 1102

SAURABH LAVANIA
Rajesh Kumar @ Rajesh Kumar Singh @ Amit Singh – Appellant
Versus
State Of U. P. Thru. Its Prin. Secy. Home Deptt. Govt. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Sumit Kumar Srivastava
For the Opposite Party : G.A.

JUDGMENT :

Hon'ble Saurabh Lavania, J.

1. Heard.

2. Present application has been filed under Section 407 Cr.P.C./Section 447 of Bhartiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") for transfer of the Case No. 16166 of 2013 (State vs. Rajesh Pratap Singh and Another), arising out of FIR/Case Crime No. 0324 of 2023 under Section 323, 504, 506 & 307 IPC, P.S.-Kotwali Nagar, District-Pratapgarh, pending before C.J.M., Pratapgarh to any other district of Uttar Pradesh.

3. The facts, relevant as indicated in the affidavit filed in support of application seeking transfer of the case in issue is to the effect that the opposite party No.2/Guarav Singh, Advocate are a practicing Advocate in the District-Pratapgarh and as such he with the help of other Advocates beaten the applicant Nos. 1 and 2 on 01.06.2023 and thereafter with the help of Police personnel lodged the false FIR against the applicants alongwith two unknown persons on 01.06.2023 registered as Case Crime No. 0324 of 2023 under Section 323, 504, 506, 394 & 307 IPC, P.S.-Kotwali City, District-Pratapgarh and on account of pressure of opposite party No.2, the Advocate engaged by the applicants is not doing smoothly pairavi on beha

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