Dismissed

Smt. Kusum Agarwal and Another v. State of U.P. and Another

Allahabad HC8 Sept 2025TACR/644/2024

Case brief

AI extract

What is this about?

Applicants sought transfer of their pending criminal trial under Sections 420, 467, 468 and 471 IPC from Ghaziabad to Sambhal solely on grounds of old age, health and inconvenience of travelling about 100 km. Relying on Supreme Court authority that inconvenience is not a valid basis for transferring criminal proceedings, the High Court dismissed the transfer application.

What the court decided

AI extract

Smt. Kusum Agarwal and Another vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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TRANSFER APPLICATION (CRIMINAL) No. - 644 of 2024

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Smt. Kusum Agarwal And Another

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.....Applicant(s) Versus

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State of U.P. and Another			...	..Opposite Party(s)
Counsel for Applicant(s)	: Akhilesh Tiwari	Kumar	Mishra,	Rishabh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 93

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HON'BLE HARVIR SINGH, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application has been filed with a prayer to transfer Criminal Case No. 11046 of 2003 (State vs. Kusum Agarwal and others), arising out of Case Crime No. 196 of 1993, under Sections 420, 467, 468 and 471 I.P.C., P.S. Sahibabad, District-Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad to any other court of coordinate jurisdiction at Sambhal.

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Learned counsel for the applicant has submitted that the applicants have become old age persons and presently they are residing at Chandausi, District-Sambhal and due to old age, they are unable to move from one place to another place and for that reason the case be transferred from the Court of Chief Judicial Magistrate, Ghaziabad to the Court of Chief Judicial Magistrate, Sambhal.

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On the other hand, learned A.G.A. has submitted that the first information report was lodged in the year 2004, alleging therein that the applicants were running their business at Ghaziabad and in collusion with the official of the Sales Tax department, the accused persons, cheated the government by playing foul and entered minimum quantity of imported goods. He has further submitted that most of the witnesses belong to the District-Ghaziabad, who are to be summoned and the concerned trial has already been commenced, hence the said prayer is liable to the dismissed.

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TACR No. 644 of 2024

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The applicants prayed for transfer of Criminal Case No. 11046 of 2003 (State vs. Kusum Agarwal and others), arising out of Case Crime No. 196 of 1993, under Sections 420, 467, 468 and 471 I.P.C., P.S. Sahibabad, District-Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad to a court of competent jurisdiction at Sambhal and the applicants have taken the only ground of old age and the health condition.

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Having regard to the contention raised by learned counsel for the applicants, this Court is un-understandable how a plea of inconvnience could be based to avoid traveling a distance of merely 100 kms and in this regard the Hon'ble Supreme Court in the case of Rajesh Talwar vs. Central Bureau of Investigation and Ors.[Alongwith Transfer Petition (Crl.) No. 46 of 2012] decided on 02.03.2012 and in the case of Radheshyam Mangalchand Agrawal vs. State of Maharashtra and Ors in Criminal Writ Petition No. 589 of 2023 decided on 25.04.2024, has held that inconvenience could not be a valid basis for transfer of "criminal proceedings" from one Court to another. Moreover, the other cases of the department are also pending at Ghaziabad and no other ground has been made by learned counsel for the applicants, except convenience or inconvenience to transfer the case from one district to another.

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The transfer application is devoid of merits and is accordingly dismissed.

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(Harvir Singh,J.)

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September 8, 2025 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Smt. Kusum Agarwal and Another v. State of U.P. and Another

Case brief

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Smt. Kusum Agarwal and Another v. State of U.P. and Another

Case brief

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