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2024 DIGILAW 269 (ALL)

Deepanshu @ Sudhanshu Tripathi v. State Of U. P. Thru. Director General Of Police U. P. Lko

2024-01-25

RAJESH SINGH CHAUHAN

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JUDGMENT : 1. Heard Sri Ganga Singh, learned counsel for the petitioner and Sri Aniruddh Kumar Singh, learned Additional Government Advocate for the State. 2. By means of this petition filed U/s 482 Cr.P.C., the petitioner has prayed the following relief: "It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to pass an order, directing for transfer of Sessions Trial No. 1088 of 2022, pending in the court of Special Judge (E.C. Act)/Additional Sessions Judge, Court no. 4, Kanpur Nagar, having Case Crime No. 436 of 2020, under section 379 I.P.C., Police Station -Gwaltoli, District-Kanpur Nagar and Case No. 1025 of 2021, pending in the court of chief Judicial Magistrate Unnao, having Case Crime No. 291 of 2021, under section-379, 411 I.P.C., Police Station-Kotwali, District-Unnao as well as Case No. 1087 of 2021, pending in the court of Chief Judicial Magistrate Unnao, having Case Crime No. 373 of 2021, under section379, 411 I.P.C., Police Station-Kotwali, District-Unnao, to the court of Sessions Judge, Lucknow and in the court of Chief Judicial Magistrate, Lucknow, from where the cases will be committed to the concerned Session Courts." 3. Learned counsel for the petitioner has stated that the petitioner has falsely been implicated in the certain cases, on the basis of single recovery which has been executed at Lucknow. Attention has been drawn towards Para 4 so as to show the cases pending against the petitioner. Para 4 of the petition reads as under: "4. That the applicant has been falsely dragged by the police involving the applicant in the cases detailed herein below as there exists no name of the applicant in either of the first information reports. (A) That the cases pending at Lucknow in the court of Judicial Magistrate/Additional Civil Judge (S.D.), court no. 20, Lucknow are detailed herein below:- (1) Case No. 228 of 2021, vide Case Crime No. 113 of 2021, under Section-379, 411, 413 I.P.C., Police Station-Para, District Lucknow South. (2) Case No. 229 of 2021, vide Case Crime No. 227 of 2021, under section-379, 411, 420 I.P.C., Police Station-Para, District-Lucknow South. 20, Lucknow are detailed herein below:- (1) Case No. 228 of 2021, vide Case Crime No. 113 of 2021, under Section-379, 411, 413 I.P.C., Police Station-Para, District Lucknow South. (2) Case No. 229 of 2021, vide Case Crime No. 227 of 2021, under section-379, 411, 420 I.P.C., Police Station-Para, District-Lucknow South. (3) Case No. 308 of 2021, vide Case Crime No. 236 of 2021, under Section-420, 411, 413 I.P.C., Police Station -Para, District-Lucknow South (B) That the cases pending at Unnao in the court of Chief Judicial Magistrate, Unnao are detailed herein below :- (1) Case No. 1025 of 2021, vide Case Crime No. 291 of 2021, under section - 379, 411 I.P.C., Police Station- Kotwali, District-Unnao. (2) Case No. 1087 of 2021, vide Case Crime No. 373 of 2021, under section- 379, 411 I.P.C., Police Station- Kotwali, District- Unnao. (C) That the case pending at Kanpur in the court of Special Judge E.C. Act/Additional Sessions Judge, Court no. 4, Kanpur Nagar is detailed herein below:- (1) Session Trial No. 1088 of 2022, vide Case Crime No. 436 of 2020, under Section -379 I.P.C., Police Station -Gwaltoli, District-Kanpur Nagar." 4. In Para nos. 5, 6 and 7, the learned counsel for the petitioner has narrated the details of the afoaresaid cases and stated that in all the aforesaid cases, the subject matter is same. Learned counsel for the petitioner has further submitted that the 3 cases, as have been indicated in Para 4(A) are pending consideration before the Lucknow courts. 5. By means of this petition, the prayer of the present petitioner is confined relating to the cases which have been indicated vide Para 4(B) and 4(C). Two cases are pending consideration before the Unnao courts and one case is pending consideration before Kanpur Nagar. 6. He has submitted that all the aforesaid cases be transferred at one place. He has also stated that appropriate order may be passed in view of Section 181 of Cr.P.C. He has further submitted that Chapter XIII of the Cr.P.C. describes the jurisdiction of the criminal courts in inquiries and trials. He has further submitted that in view of Sub Section 3 of Section 181 of Cr.P.C., any offence of theft, extortion or robbery may be inquired into by a Court within whose local jurisdiction the offence was committed. He has further submitted that in view of Sub Section 3 of Section 181 of Cr.P.C., any offence of theft, extortion or robbery may be inquired into by a Court within whose local jurisdiction the offence was committed. For the convenience, Section 181(3) of Cr.P.C. reads as under: "Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it, or by any person who received or retained such property knowing or having reason to believe it to be stolen property." 7. Learned counsel for the petitioner has stated that genesis of all these cases is a single recovery memo which has been executed at Lucknow, therefore, in view of Section 181 (3) of Cr.P.C., the aforesaid cases may be transferred to one place. He has submitted that 3 cases are already pending before Lucknow courts, therefore, the remaining 3 cases may also be transferred to the competent court of Lucknow. 8. Sri Aniruddh Kumar Singh, learned AGA has submitted that under Chapter XIII of the Cr.P.C., the mechanism/procedure has been provided to determine the places of trial in certain offences. He has also stated that Section 181 Cr.P.C. clearly provides such modality. He has also stated that in view of Sub Section 3 of Section 181 Cr.P.C., any offence of theft, extortion or robbery may be tried by a Court within whose local jurisdiction the offence was committed and in the present case, the genesis of all the six cases is a single recovery memo which has been executed at Lucknow itself, therefore, Sri Singh has stated that in the interest of justice, any appropriate order may be passed by this Court. Sri Aniruddh Kumar Singh has referred the dictum of Apex Court in the case of Nahar Singh Yadav and Another Vs. Union of India and Others reported in [ (2011) 1 SCC 307 ] by submitting that in the aforesaid judgment the Apex Court has interpreted the modalities in such cases. Sri Aniruddh Kumar Singh has referred the dictum of Apex Court in the case of Nahar Singh Yadav and Another Vs. Union of India and Others reported in [ (2011) 1 SCC 307 ] by submitting that in the aforesaid judgment the Apex Court has interpreted the modalities in such cases. For the convenience, para 29 of the aforesaid judgment of Apex Court in Re; Nahar Singh Yadav (supra) reads as under: "Thus, although no rigid and inflexible rule or test could be laid down to decide whether or not power under Section 406 of the Cr.P.C. should be exercised, it is manifest from a bare reading of sub-sections (2) and (3) of the said Section and on an analysis of the decisions of this Court that an order of transfer of trial is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the proper conduct of a trial. This power has to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial. Some of the broad factors which could be kept in mind while considering an application for transfer of the trial are:- (i) when it appears that the State machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution; (ii) when there is material to show that the accused may influence the prosecution witnesses or cause physical harm to the complainant; (iii) comparative inconvenience and hardships likely to be caused to the accused, the complainant/the prosecution and the witnesses, besides the burden to be borne by the State Exchequer in making payment of travelling and other expenses of the official and non-official witnesses; (iv) a communally surcharged atmosphere, indicating some proof of inability of holding fair and impartial trial because of the accusations made and the nature of the crime committed by the accused; and (v) existence of some material from which it can be inferred that the some persons are so hostile that they are interfering or are likely to interfere either directly or indirectly with the course of justice." 9. Having heard learned counsel for the parties, having perused the material available on record, having regard to the relevant provisions of law so defined under Chapter XIII, more particularly, Section 181(3) of Cr.P.C. and also having regard to the dictum of Apex Court in Re; Nahar Singh Yadav (supra), I am of the considered opinion that since in the present case the genesis of all the six cases is a single recovery memo which has been executed at Lucknow and three cases are pending consideration before the Lucknow courts, therefore, the cases, so indicated in Para nos. 4(B) and 4(C) may be transferred to the Competent Court of Lucknow. 10. Accordingly, the concerning Judge/competent court at Unnao where the Case No. 1025 of 2021, vide Case Crime No. 291 of 2021, under Sections 379, 411 IPC, Police Station Kotwali, District Unnao and Case No. 1087 of 2021 vide Case Crime No. 373 of 2021, under Sections 379, 411 IPC, Police Station Kotwali, District Unnao as well as the competent court at Kanpur where Sessions Trial No. 1088 of 2022 vide Case Crime No. 436 of 2020, under Section 379 IPC, Police Station Gwaltoli, District Kanpur Nagar, are pending consideration, may do the needful to transfer those cases to District Judgeship, Lucknow. 11. The District & Sessions Judge, Lucknow, after receiving the paper books of the aforesaid cases, shall do the needful to assign the aforesaid cases to the Competent Courts, as per the nature of allegations, so indicated in the chargesheet of the aforesaid cases. 12. It is expected from the learned trial courts concerned that all the aforesaid six cases be conducted and concluded with expedition strictly in accordance with law by affording ample opportunity of hearing to the parties concerned. 13. The instant petition U/s 482 Cr.P.C. is hereby allowed.