Mohammad Shakeel U/S A407 Vs Bar Association Hardoi through Its Secretary. — Allahabad HC (2025) — LawSathi Research

Mohammad Shakeel U/S A407 Vs Bar Association Hardoi through Its Secretary. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the pending trial in Criminal Case No. 2918 of 2003 should be transferred under Section 407 CrPC to a court of competent jurisdiction in another district, on the applicant's apprehension that, the complainant being the District Bar Association, Hardoi, he may not get a fair trial.

Court's answer

The applicant's apprehension that he may not get a fair trial is absolutely misconceived: there is nothing on record to show that he ever put in appearance pursuant to the process issued by the trial court, and no instance is mentioned in the application even prima facie showing that he is likely to suffer any prejudice.

Ratio / Principle

There is nothing on record to indicate that the applicant ever made a prayer for transfer of the related State cases (FIR Nos. 296 and 297 of 2003), and learned counsel for the applicant was unable to reveal the status of those cases.

Key takeaways

The Court declined to exercise its jurisdiction under Section 407 CrPC and dismissed the transfer application.ratio¶11

Detailed headnote1 paragraphs

Criminal Law - Transfer of trial - Section 407 CrPC - Accused (Mohammad Shakeel) in Criminal Case No. 2918 of 2003 (Ss. 153-A, 295-A, 504 & 506 IPC), instituted by the District Bar Association, Hardoi, sought transfer of the trial to another district alleging he may not get a fair trial as the complainant is the Bar Association - Held: the apprehension is absolutely misconceived, as nothing on record shows the applicant ever put in appearance pursuant to the process issued by the trial court and no instance is mentioned even prima facie showing likelihood of prejudice; further, no prayer for transfer of the related State cases (FIR Nos. 296 and 297 of 2003, the latter including S. 3(1)(X) SC/ST Act) was ever made and counsel could not reveal their status - Jurisdiction under S. 407 CrPC declined; application dismissed. (Manoj Bajaj, J., High Court of Judicature at Allahabad, Lucknow Bench, Order dated 6.1.2025)

Neutral Citation No. - 2025:AHC-LKO:569

Court No. - 18

Case :- APPLICATION U/S 482 No. - 749 of 2003 Applicant :- Mohammad Shakeel U/S A407 Opposite Party :- Bar Association Hardoi Through Its Secretary.

Counsel for Applicant :- Pankaj Gupta,R.B.S. Rathaur

Hon'ble Manoj Bajaj,J.

The applicant-Mohammad Shakeel being accused has approached this Court by way of filing an application under Section 407 Code of Criminal Procedure seeking transfer of Criminal Case No. 2918 of 2003, under Sections 153-A, 295-A, 504 & 506 IPC, titled Bar Association, Hardoi Versus Dr. M. A. Khan and Others.

Learned counsel appearing on behalf of the applicant has argued that the applicant is one of the accused in the subject complaint instituted by the District Bar Association, Hardoi, who has been summoned to face trial for alleged commission of offence punishable under Sections 153-A, 295-A, 504 & 506 IPC. Learned counsel for the applicant next submits that since the complainant is District Bar Association, Hardoi, therefore, the applicant apprehends that he may not get a fair trial and under such circumstances, it would be in the interest of justice, if, the pending trial proceedings are transferred to some other court of competent jurisdiction in any other district. He prays that the subject complaint be transferred.

During the course of hearing, it is not disputed by learned counsel for the applicant that in respect of the occurrence which is the subject matter of the criminal complainant, a State case through two FIR's bearing FIR No. 296 of 2003, under Sections 295-A, 296, 504 & 506 IPC and FIR No. 297 of 2003, under

Sections 147, 148, 323, 504, 506 & 427 IPC and Section 3(1) (X) of SC/ST Act were also registered at the instance of Sri Gyanendra Dwivedi, Advocate, but there is nothing on record to indicate that any prayer for transfer of the said cases was ever made by the applicant. Further, learned counsel for the applicant is unable to reveal the status of the State case.

That apart, there is nothing on record to indicate that the applicant had ever put in appearance pursuant to the issuance of process by the trial court, thus, the apprehension expressed by the applicant that he may not get a fair trial is absolutely misconceived, as there is no instance mentioned in the application to even prima facie show that the applicant is likely to suffer any prejudice.

Consequently, this Court is not inclined to exercise the jurisdiction under Section 407 CrPC. The application is dismissed.

Order Date :- 6.1.2025 (Manoj K.)

Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench