Hari Shankar Mishra and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:30256

Court No. - 73

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 87 of 2025

Applicant :- Hari Shankar Mishra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Basharat Ali Khan,Salman Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This transfer application has been filed for transfer of the Representation Case No.241 of 2024 (Hari Shankar Mishra and Anr. Vs. State of U.P.), under Section 16 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, arising out of Case Crime No.109 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Gopiganj, DistrictBhadohi, pending in the court of Additional Sessions Judge/F.T.C.Ist (M.P./M.L.A.), Bhadohi, Gyanpur, to the competent court in some other district.

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It has been submitted by learned counsel for the applicants that applicants were not named in the first information report of the aforesaid case nor they have been charge-sheeted. In fact, the property of applicants was attached under Section 14(1) U.P. Gangster Act and the representation of applicants against the attachment is pending before the Court of Additional Sessions Judge/F.T.C.-Ist (M.P./M.L.A.), Bhadohi. Due to political rivalry, applicants have an apprehension of danger to their life in District Bhadohi and their political rivals are bent upon to wipe out them.

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Applicant no.2 is a lady and she is suffering from several diseases, including sugar and hypertension. Referring to facts of the matter, it was submitted that the aforesaid case may be transferred from Court of Additional Sessions Judge/F.T.C.-Ist (M.P./M.L.A.), Bhadohi, Gyanpur to some other competent court in another district.

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Learned AGA has opposed the application and submitted that in the aforesaid case seven persons were charge-sheeted and trial is pending against them. It was submitted that all the accused persons, who have been charge-sheeted, as well as witnesses of the aforesaid case belong to District Bhadohi. The allegations made on behalf of applicants are imaginary and no complaint has been lodged by the applicants so far regarding any apprehension to their life. Referring to provisions of Section 407 IPC, it was submitted that no case for transfer of impugned aforesaid case is made out.

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I have considered the rival submissions of the parties and perused the record.

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It is well settled law that transfer of a case under Section 407 Cr.P.C. from one court to another is not to be made in a casual and perfunctory manner and it must be on the basis of some good ground existing and substantiated on record. Power under Section 407 Cr.P.C. can be exercised by this Court, where it is made to appear:

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(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

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(b) that some question of law of unusual difficulty is likely to arise, or

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(c) that an order under this section is required by any provision of

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this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.

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In the instant matter, only general and vague allegation has been made that due to political rivalry applicants have apprehension of danger to their life in case they visit Bhadohi and that the political rivals of applicants are bent upon to wipe out the applicants. There is absolutely no material to support the said apprehension of the applicants. It was also alleged that applicant no.2 is a lady and she is suffering from sugar, hypertension and arthritis but the same is also not supported by any evidence. It appears that the applicants are seeking transfer of aforesaid case from the court concerned on the basis of surmises and conjectures. Considering entire facts of the matter and position of law, no case for transfer of the aforesaid case from the concerned court to another district is made out. The transfer application lacks merit and thus liable to be dismissed.

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Accordingly, the transfer application is hereby dismissed .

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Order Date :- 4.3.2025 'SP'/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Hari Shankar Mishra and Another v. State of U.P.

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Hari Shankar Mishra and Another v. State of U.P.

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