Allowed¶16

Shahwaqar v. State of U.P.

Allahabad HC6 Mar 2025TACR/442/2024

Case brief

AI extract

What is this about?

TACR No. 442 of 2024, Allahabad High Court, Sameer Jain, J., decided 18.11.2025. Transfer of criminal trial under S.407 Cr.P.C.: Special Trial/Case No. 02 of 2018 (Case Crime No. 223 of 2018; sections 420 IPC; Sections 18(C)/27 Drugs and Cosmetics Act; P.S. Kotwali Nagar, Muzaffarnagar) moved from Special Judge Court No. 7, Saharanpur to Special Judge Court No. 7, Muzaffarnagar after notification dated 25.11.2019 constituted the Muzaffarnagar special court; District Judge report dated 21.3.2025; AGA concession; application allowed.

What did the court decide?

Transfer of the trial of Special Trial/Case No. 02 of 2018 from the Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur to the Special Judge/Additional Sessions Judge (Drugs & Cosmetics Act), Court No. 7, Muzaffarnagar. ¶16

Shahwaqar vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the trial of Special Trial/Case No. 02 of 2018 (arising out of Case Crime No. 223 of 2018, under sections 420 IPC and Sections 18(C)/27 Drugs and Cosmetics Act, P.S. Kotwali Nagar, District Muzaffarnagar), pending before the Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur, should be transferred to the Special Judge/Additional Sessions Judge (Drugs & Cosmetics Act), Court No. 7, Muzaffarnagar, given that a special court for such offences was constituted at Muzaffarnagar by the State Government's notification dated 25.11.2019.

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Court's answer

Since a special court under the Drugs and Cosmetics Act has been constituted in district Muzaffarnagar (notification dated 25.11.2019, confirmed by the District Judge's report dated 21.3.2025) and the present matter pertains to district Muzaffarnagar, the special court of district Saharanpur has no jurisdiction to try the case, making the transfer application liable to be allowed.

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Ratio / Principle

The Court directed that the trial of Special Trial/Case No. 02 of 2018 be transferred from the Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur to the Special Judge/Additional Sessions Judge (Drugs & Cosmetics Act), Court No. 7, Muzaffarnagar.

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Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Sameer Jain, J.) | TACR No. 442 of 2024, decided November 18, 2025 | Transfer application (u/s 407 Cr.P.C.) by accused Shahwaqar seeking transfer of Special Trial/Case No. 02 of 2018 (State Vs. Shahwaqar and another), arising out of Case Crime No. 223 of 2018, under sections 420 IPC and Sections 18(C)/27 Drugs and Cosmetics Act, P.S. Kotwali Nagar, District Muzaffarnagar, from the Special Judge/ASJ (Drugs and Cosmetics Act), Court No. 7, Saharanpur to the corresponding Court No. 7, Muzaffarnagar. Cognizance had been taken at Saharanpur on 28.03.2018 when no special court existed at Muzaffarnagar; by notification dated 25.11.2019 the State Government constituted a special court at Muzaffarnagar (ADJ Court No. 7) authorized to try Drugs and Cosmetics Act offences, which the District Judge's report dated 21.3.2025 confirmed as having exclusive jurisdiction. Learned AGA conceded the jurisdictional history. Finding that the Saharanpur special court thereby lost jurisdiction over this Muzaffarnagar matter, the Court allowed the application and ordered the trial transferred to Court No. 7, Muzaffarnagar.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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TRANSFER APPLICATION (CRIMINAL) No. - 442 of 2024

Shahwaqar

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Syed Riyaz Askari
Counsel for Opposite Party(s)	: G.A.
Court No.- 73

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HON'BLE SAMEER JAIN, J.

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Heard Sri Syed Riyaz Askari, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent.

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The instant application has been filed by the applicant with a prayer to transfer the Special Trial/Case No. 02 of 2018 arising out of case crime No. 223 of 2018, under sections 420 IPC and Sections 18(C)/27 Drugs and Cosmetics Act, P.S. Kotwali Nagar, District Muzaffarnagar, pending in the court of Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur to the Special Court having jurisdiction i.e. Special Judge/Additional Sessions Judge (Drugs & Cosmetics Act), Court No. 7, Muzaffarnagar.

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Learned counsel for the applicant submitted that present case is relating to district Muzaffar Nagar. He next submits, applicant is accused in the present case and he filed the instant transfer application with the prayer to transfer the trial of the case from Saharanpur to district Muzaffarnagar.

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He next submits, when FIR of the present case was registered in the year 2018 and thereafter when charge sheet was filed and cognizance was taken then by that time Special Judge Saharanpur was designated court to try the offences under the provisions of Drugs and Cosmetics Act even for the offences committed at Muzaffarnagar as by that time no special court to try the offence under the provisions of Drugs and Cosmetics Act could be constituted in the district Muzaffanagar.

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He next submits, on 25.11.2019 a notification has been issued by State

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TACR No. 442 of 2024

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Government and as per notification Additional District and Sessions Judge, Court No.7 District Muzaffarnagar is having jurisdiction to try the cases relate to offence under the provisions of Drugs and Cosmetics Act and persuant to notification dated 25.11.2019 Special Court has been constituted in District Muzaffarnagar.

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He further submitted that after constitution of the special court in district Muzaffarnagar the special court of the district Saharanpur is not having jurisdiction to try the case. He further submits, Additional District and Sessions Judge Court No. 7 Muzaffarnagar is having exclusive jurisdiction to try the offences of present case, therefore, trial of the present case be transferred from district Saharanpur to the competent court of District Muzaffarnagar.

¶18

Learned AGA also conceded the fact that when the alleged offence were committed in district Muzafarnagar then at that time there was no special court and court of Saharanpur was having jurisdiction to try the case, therefore, FIR was registered in district Saharanpur and charge sheet was also filed in district Saharanpur.

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He further submitted that on 25.11.2019 a notification has been issued by the State Government and after the notification, special court has been constituted in district Muzaffarnagar to try the offences punishable under the provisions of Drugs and Cosmetics Act and as per the above notification District and Sessions Judge Court No. 7 is having jurisdiction to try the trial of the present case and therefore trial of the case should be transferred from District Saharanpur to the court of District and Sessions Judge Court 7, Muzaffarnagar.

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I have heard learned counsel for the parties and perused the record of the case.

¶21

Applicant is facing trial under section 420 IPC and under the provisions of Drugs and Cosmetics Act and at present his trial is pending before Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No.-7 Saharanpur.

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It appears, matter relates to district Muzaffarnagar but when alleged offence was committed and charge sheet was filed then there was no special court in district Muzaffarnagar to try the cases relating to Drugs and

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TACR No. 442 of 2024

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Cosmetics Act and jurisdiction to try these offences were in district Saharanpur but on 25.11.2019 State Government issued a notification and as per notification Additional Sessions Judge, court no. 7 are authorized to try the cases relating to Drugs and Cosmetics Act.

¶26

Considering the notification dated 25.11.2019, on 6.3.2025 coordinate bench of this court past following order:-

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"Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶28

The instant application u/s 407 Cr.P.C. has been filed seeking transfer of the Special Trial/ Case No. 02 of 2018 (State Vs. Shahwaqar and another) arising out of Case Crime No. 223 of 2018, u/s 420 IPC and section 18(C)/ 27 Drugs and Cosmetic Act, P.S. Kotwali Nagar, District Muzaffar Nagar pending in the court of Special Judge/ Additional Session Judge (Drugs & Cosmetic Act), Court No. 7, Saharanpur to the Special Court having jurisdiction i.e. Special Judge/ Additional Sessions Judge (Drugs & Cosmetic Act) Court No. 7, Muzaffar Nagar.

¶29

It has been submitted by the learned counsel for the applicant that in the instant matter the FIR was registered in the year 2018 and after the submission of charge sheet, the cognizance was taken by Additional Sessions Judge, Court No. 7. Saharanpur on 28.03.2018. At the relevant point of time, the jurisdiction for trying offence under Drugs and Cosmetic Act was with the designated court of Special Judge, Saharanpur for the offences that occurred at Muzaffar Nagar. Now with effect from 25.11.2019 the Special Court has been constituted at Muzaffar Nagar as Special Court of Additional Session Judge, Court No. 7, Muzaffar Nagar to try offences under the Drugs and Cosmetic Act, 1940. Therefore the proceedings of the instant case be also tried by the Special Court at Muzaffar Nagar.

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Let a report be called from the District Judge, Muzaffar Nagar.

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List on 27.03.2025 as fresh along with the said report. Registrar (Compliance) to ensure its compliance."

¶32

Pursuant to the order dated 6.3.2025 court concerned submitted its report which is on record and from perusal of the report dated 21.3.2025 it reflects, after the notification dated 25.11.2019 special court has been constituted in district Muzaffarnagar and Additional District and Sessions Court No.-7 is having exclusive jurisdiction to try the cases under the provisions of Drugs

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TACR No. 442 of 2024

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¶35

and Cosmetics Act and Additional Sessions Judge, Court No. 7, Muzaffarnagar is trying the cases relate to Drugs and Cosmetics Act.

¶36

As special court under the provision of Drugs and Cosmetics Act has been constituted in district Muzaffarnagar and present matter is of district Muzaffarnagar, therefore, special court of district Saharanpur is having no jurisdiction to try the trial of the present case, therefore, instant transfer application is liable to be allowed.

¶37

Accordingly, trial of the aforesaid case pending in the court of Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur is transferred to Special Judge/Additional Sessions Judge (Drugs & Cosmetics Act), Court No. 7, Muzaffarnagar.

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The instant transfer application stands allowed.

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November 18, 2025 Ankita

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(Sameer Jain,J.)

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Procedural history

How this case reached the court

AI extract

Order under challenge
Special Trial/Case No. 02 of 2018 (State Vs. Shahwaqar and another), arising out of Case Crime No. 223 of 2018, under sections 420 IPC and Sections 18(C)/27 Drugs and Cosmetics Act, P.S. Kotwali Nagar, District Muzaffarnagar, pending before the Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur; sought to be transferred to the corresponding Court No. 7, Muzaffarnagar via application u/s 407 Cr.P.C.¶2
Special Judge/Additional Sessions Judge (Drugs and Cosmetics Act), Court No. 7, Saharanpur
Prior proceeding
FIR (Case Crime No. 223 of 2018) registered in the year 2018 at P.S. Kotwali Nagar, District Muzaffarnagar; charge sheet subsequently submitted; FIR and charge sheet were lodged/filed at Saharanpur because no special court for Drugs and Cosmetics Act offences existed at Muzaffarnagar at that time (conceded by learned AGA).¶12
Prior proceeding
Cognizance taken by Additional Sessions Judge, Court No. 7, Saharanpur on 28.03.2018, at which time the designated court at Saharanpur tried Drugs and Cosmetics Act offences committed at Muzaffarnagar.¶12
Prior proceeding
Notification dated 25.11.2019 issued by the State Government constituting/authorizing a special court at District Muzaffarnagar (Additional Sessions Judge, Court No. 7) to try offences under the Drugs and Cosmetics Act; per the District Judge's report, that court thereafter had exclusive jurisdiction.¶11
Prior proceeding
Order dated 6.3.2025 passed by a coordinate bench of this Court (in the same TACR) noting the transfer prayer and directing that a report be called from the District Judge, Muzaffar Nagar, with the matter to be listed fresh along with the report on 27.03.2025.¶12
Prior proceeding
Report dated 21.3.2025 received pursuant to the order dated 6.3.2025, reflecting that after the notification dated 25.11.2019 a special court has been constituted in district Muzaffarnagar and Additional District and Sessions Court No.-7 there is trying Drugs and Cosmetics Act cases with exclusive jurisdiction.¶13

Shahwaqar v. State of U.P.

Case brief

What is this about?

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Shahwaqar v. State of U.P.

Case brief

What is this about?

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