The High Court dismissed the transfer application moved under Section 407 Cr.P.C., holding that the grounds were not tenable, allegations were general, and disposal of the case was at a final hearing stage, making transfer ineffectual.
Prayer for transfer to another court with appropriate jurisdiction is dismissed.
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Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 35 of 2022
Applicant :- Smt. Babbli And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sukhendu Pal Singh Counsel for Opposite Party :- G.A.,Prem Chandra Dwivedi
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Sri Sri Sukhendu Pal Singh, learned counsel for the applicant, Sri Prem Chandra Dwivedi, learned counsel for the informant and learned A.G.A. for the State.
Perused the record.
This is a transfer application moved under Section 407 Cr.P.C. by the applicants namely, Smt. Babbli, Pradeep, Kuldeep, Dharamvir and Jitendra Singh alias Jeetu Fauji with the prayer that in S.T. No. 83 of 2018 arising out of Case Crime No. 163 of 2018, under Sections 308, 323, 324, 325, 452, 504, 506, I.P.C., Police Station Shahganj, District Agra connected with S.T. No. 274 of 2018 arising out of Case Crime No. 124 of 2017, under Sections 308, 323, 324, 325, 452, 504, 506, I.P.C., Police Station Shahganj, District Agra pending in the trial court of learned Additional District and Sessions Judge, Court No. 16, Agra to some other place having appropriate jurisdiction.
The prosecution in the case has been initiated on the basis of application u/s 156 (3) Cr.P.C. submitted by Smt. Babbli w/o Dharmvir Singh. Thereafter an FIR was registered regarding an incident in the morning of 21.02.2017 in Village- Patholi against the six persons. It will be in the interest of justice to transfer the said application from the learned Additional District and Sessions
Judge to some places. Learned counsel for the applicant submits that he has annexed the relevant orders with the application.
Learned A.G.A. opposed the application and submitted that applicant has not made out any case for transfer which would result in miscarriage of justice with the applicant. There is no allegation against the Court, which could be substantiated by and piece of evidence. Mere affidavit do not help.
A perusal of the record shows that the ground mentioned in the application are not tenable. Allegation are general in nature, having no substance and it could not be said that case is not transferred as prayed any justice could be done with the applicant. Moreover, learned counsel for the applicant has submitted that applicant during the pendency of this application applicant or his LRs or any of the Pairokar do not want to prosecute application any further. He admitted that the application may be dismissed on merit as well as non-prosecution as withdrawn.
It may also be imperative to mention that the facts and circumstances of the case, it may be inferred that case is placed for final hearing. In such circumstances, it will not serve the purpose of law, even if the case is transferred to any other Court.
In view of the above submissions, of the learned counsel for the parties and learned A.G.A. for the State, the transfer application contains no merit and deserves to be dismissed.
Transfer application is dismissed. The copy of the order be sent to the learned trial court for hearing and disposed of the above stated case, as per law, at the earliest.
Order Date :- 22.3.2023
Israr
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application under section 407 Cr.P.C. deserves to be allowed considering the lack of tenable grounds during final hearing stage.
1 provisions across 1 enactments
Smt. Babbli And 4 Others
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
