Harishchandra Alias Massan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Harishchandra Alias Massan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Sessions Trial No. 524 of 1999 (Case Crime No. 33 of 1998, under Section 376 IPC, Police Station-Karari, District-Kaushambi) from Allahabad/Prayagraj to the Court of Manjhanpur, Kaushambi, with a direction to the Prayagraj Court for immediate transmission of the record to the District Judgeship, Kaushambi.

Issue for consideration

Whether Sessions Trial No. 524 of 1999 (Case Crime No. 33 of 1998, under Section 376 IPC, Police Station-Karari, District-Kaushambi), pending before the Fast Track Court, 2nd, Allahabad, should be transferred under Section 407 Cr.P.C. to a Court at Manjhanpur, Kaushambi. +2 more

Court's answer

The Court directed that Sessions Trial No. 524 of 1999 (Case Crime No. 33 of 1998, under Section 376 IPC, Police Station-Karari, District-Kaushambi), pending at Allahabad/Prayagraj, stand transferred to the Court of Manjhanpur, Kaushambi.

Ratio / Principle

The transfer was ordered in the interest of justice and on the ground of the convenience of both parties, who are residents of District Kaushambi and can pursue their case effectively.

Key takeaways

The Court at Prayagraj was directed to ensure immediate transmission of the record to the District Judgeship, Kaushambi.ratio¶¶12

Detailed headnote1 paragraphs

Transfer Application (Criminal) No. 762 of 2024 under Section 407 Cr.P.C., High Court of Judicature at Allahabad (Nand Prabha Shukla, J.) — Applicant Harishchandra Alias Massan, a named accused residing in District Kaushambi, sought transfer of Sessions Trial No. 524 of 1999 (Case Crime No. 33 of 1998, under Section 376 IPC, Police Station-Karari, District-Kaushambi), pending before the Fast Track Court, 2nd, Allahabad, to a Court at Manjhanpur, Kaushambi. Grounds urged: the FIR was lodged at Police Station-Karari, which lies within the jurisdiction of the Court of Kaushambi at Manjhanpur; both the first informant and the applicant are residents of Village-Bandhawa, Kalyan, Police Station-Karari, District-Kaushambi and can travel and contest easily; the applicant is a poor labourer financially unable to attend every date at Prayagraj; and the trial had lain stalled because of a stay granted in Criminal Revision No. 727 of 2003 (dated 01.04.2003), finally dismissed on 19.02.2016. The learned A.G.A. opposed but could not dispute the facts. Held: in the interest of justice and looking to the convenience of both parties, residents of District Kaushambi who can pursue their case effectively, the Sessions Trial stands transferred from Allahabad/Prayagraj to the Court of Manjhanpur, Kaushambi; the Prayagraj Court to ensure immediate transmission of the record to the District Judgeship, Kaushambi. Transfer Application disposed of (Order Date 4.2.2025; Neutral Citation 2025:AHC:15126).

Neutral Citation No. - 2025:AHC:15126

Court No. - 83

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 762 of 2024

Applicant :- Harishchandra Alias Massan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kuamr Yadav Counsel for Opposite Party :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

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

By way of present transfer application under Section 407 Cr.P.C., the applicant has sought the transfer of the Sessions Trial No. 524 of 1999 in Case Crime No. 33 of 1998, under Section 376 IPC, Police Station-Karari, District-Kaushambi pending in the Court of Fast Track Court, 2nd, Allahabad to any Court of Manjhanpur, Kaushambi.

The applicant is a named accused in the present matter and is a resident of District-Kaushambi. It has been contended by learned counsel for the applicant that the present matter was registered against the applicant about 25 years back at Police Station-Karari, Kaushambi but after the separation of the two Districts-Allahabad and Kaushambi, all the cases of Kaushambi were transferred to the Court of Manjhanpur, Kaushambi but due to the stay order granted from this Court in Criminal Revision No. 727 of 2003 dated 01.04.2003, the proceedings in Sessions Trial No. 524 of 1999 State Vs. Harish Chandra pending in the Court of Additional Chief Judicial Magistrate X, Allahabad remain stayed till further orders which was finally dismissed on 19.02.2016, therefore, the trial remained pending at Prayagraj and could not be proceeded and decided. It has also been contended that the FIR in the instant matter was lodged at Police Station-Karari which lies in the jurisdiction of the Court of Kaushambi situated at Manjhanpur, therefore, the present case be also transferred and tried at DistrictKaushambi. It has also been asserted that as both the first informant and the applicant are the resident of Village-Bandhawa, Kalyan, Police Station-Karari, District-Kaushambi, therefore, both can travel and contest easily. It has also been submitted that the applicant is a poor labourer and due to financial constraint he is

unable to present physically on every dates at District Court at Prayagraj.

Per contra , learned A.G.A. for the State has opposed the aforesaid submission but could not dispute the aforesaid facts.

In view of above and in the interest of justice and looking to the convenience of both the parties who are the residents of DistrictKaushambi and can pursue their case effectively, let the Sessions Trial No. 524 of 1999 in Case Crime No. 33 of 1998, under Section 376 IPC, Police Station-Karari, District-Kaushambi pending in the Court of Allahabad/Prayagraj be transferred to the Court of Manjhanpur, Kaushambi.

The Court at Prayagraj shall ensure immediate transmission of the record to the District Judgeship, Kaushambi.

Accordingly, the Transfer Application is disposed of.

Order Date :- 4.2.2025 Shivani

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