Court No. - 70
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 224 of 2021 Applicant :- Danish And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for applicants, learned A.G.A. for the State and perused the record.
This application has been moved under Section 407 of Cr.P.C. to transfer the Case Crime No.324 of 2019, under Sections 379 and 411 I.P.C., P.S. Kasganj, District Kasganj pending in the court of Chief Judicial Magistrate, Kasganj from Kasganj to the court of Judicial Magistrate, Baheri, District Bareilly, where the Criminal Case No.1175 of 2019 (State Vs. Iqram and others), under Sections 411, 420 I.P.C., P.S. Baheri, District Bareilly is pending.
It is submitted by learned counsel for applicants that the Case Crime No.324 of 2019, under Section 379, 411 I.P.C., P.S. Kasganj was pending in the court of Chief Judicial Magistrate, Kasganj and the Truck regarding which the report of theft was lodged, was recovered in District Bareilly and in this regard another Crime No.389 of 2019, P.S. Baheri was lodged under Sections 411 and 420 I.P.C. and registered as Criminal Case No.1175 of 2019 is pending in the court of Chief Judicial Magistrate, Baheri, Bareilly. It is further submitted that both the cases arises from same transaction and the Case No.389 of 2019, under Sections 411, 420 I.P.C. related to the recovery of Case Crime No.324 of 2019, under Sections 379, 411 I.P.C. which is pending in the court of Chief Judicial Magistrate, Kasganj.
Learned A.G.A. has conceded that both the cases arise out of the same transaction and are connected to the case which was lodged as Case Crime No.324 of 2019, under Sections 379, 411 I.P.C. at P.S. Kasganj, District Kasganj, therefore, he conceded that he has no objection if the case pending in the court of Chief Judicial Magistrate, Baheri, Bareilly as Criminal Case No.1175 of 2019 (State Vs. Iqram and others), under Sections 411, 420 I.P.C., P.S. Baheri is transferred to the court of Chief Judicial Magistrate, Kasganj.
Keeping in view the facts and circumstances of the case, the Criminal Case No.1175 of 2019 (State Vs. Iqram and others), under Sections 411, 420 I.P.C. pending in the court of Chief Judicial Magistrate, Baheri, Bareilly is transferred to the court of Chief Judicial Magistrate, Kasganj.
With above direction, the transfer application is disposed of.
Order Date :- 25.10.2021 Anil K. Sharma