# Sanjay Verma & Anr v. State of U.P. & Anr

- **Citation:** (2019) 3 ILRA 823
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2019-09-11
- **Case number:** Crl. Misc. Transfer Application No. 171 of 2019
- **Bench:** Ram Krishna Gautam
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sanjay-verma-anr-v-state-of-u-p-anr-44820
- **Pages:** 3

## Headnote

Law-Code
of
Criminal
Procedure,1973 - Section 407 - transfer
application supported with an affidavit
and the contention of the affidavit
regarding application u/s 407 Cr.P.C. is
that counsel for Opposite Party extended
threat-no evidence of this threat is there
nor any report was lodged-telephonic
call threat was being extended, this
ground for transfer of case can never be
a sufficient ground-if there was any
threat, the same would have been
lodged with concerned police officer or
high ups-no such steps taken by the
applicant-the allegations levelled against
824 INDIAN LAW REPORTS ALLAHABAD SERIES
the complainant and his counsel are not
of noticeable substance.(Para 5)

Transfer application rejected (E-6)

## Text

3 All. Sanjay Verma & Anr. Vs. State of U.P. & Anr.
823

(9) Nothing in this section shall
be deemed to affect any order of
Government under section 197."

11. Thus, from perusal of provisions
of Section 407 of Cr.P.C., it is clear that a
case can be transferred from one criminal
court to some other criminal court in case
if it is made to appear to the High Court
that a fair and impartial inquiry or trial
cannot be had in any Criminal Court
subordinate thereto-, however, in the case
in hand, no such allegations has been laid
or made or caused to appear before this
Court against above Designated Court,
under the PMLA Act, at Allahabad, to
attract this provision.

12. Secondly,
a
case
can
be
transferred by the High Court in the
eventuality that some question of law of
unusual difficulty is likely to arise, but
unfortunately, no such recital is there in
the instant Transfer Application, nor
having been pressed or advanced by
learned counsel for the applicant, while
arguing the case and as such in the
absence of any such ground or argument,
question of exercising of power under this
provision does not arise.

13. Lastly, a case can be transferred
by the High Court, in case an order under
this section is required by any provision
of this Code, or will tend to the general
convenience of the parties or witnesses,
or is expedient for the ends of justice,
whereas, no such circumstances arisen
here in the instant case for entertaining an
Application, moved, under Section 407 of
the Cr.P.C. for transfer of the case on this
ground because territorial jurisdiction is
of Special Designated Court, under the
Prevention of Money Laundering Act, at
Allahabad, where the trial has proceeded
and mere desire of an applicant for
getting the case transferred to Lucknow
and nothing else is there and, therefore,
there is no ground to attract this
provision, under Section 407 of Cr.P.C.

14. In view of what has been
discussed
above,
the
Transfer
Application, being devoid of merits, and
without any ground, stands rejected.
----------

(2019)11ILR A823

ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 11.09.2019

BEFORE
THE HON'BLE RAM KRISHNA GAUTAM, J.

Crl. Misc. Transfer Application No. 171 of 2019
(U/s 407 Cr.P.C.)

Sanjay Verma & Anr. ...Applicants
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicants:
Sri Nitin Srivastava

Counsel for the Opposite Parties:
G.A., Sri Rahul Dubey

A.
Criminal
Law-Code
of
Criminal
Procedure,1973 - Section 407 - transfer
application supported with an affidavit
and the contention of the affidavit
regarding application u/s 407 Cr.P.C. is
that counsel for Opposite Party extended
threat-no evidence of this threat is there
nor any report was lodged-telephonic
call threat was being extended, this
ground for transfer of case can never be
a sufficient ground-if there was any
threat, the same would have been
lodged with concerned police officer or
high ups-no such steps taken by the
applicant-the allegations levelled against
824 INDIAN LAW REPORTS ALLAHABAD SERIES
the complainant and his counsel are not
of noticeable substance.(Para 5)

Transfer application rejected (E-6)
(Delivered by Hon,ble Ram Krishna
Gautam, J.)

1. This application u/s 407 Cr.P.C.
has been filed by accused-applicants
Sanjay Verma and Rakhi Verma against
State of U.P. and Neeraj Singh with a
prayer for transferring Criminal Case No.
676 of 2017, Neeraj Singh Vs. Sanjay
Kumar and another, u/s 138 of N.I. Act,
pending before the court of C.J.M.,
District Jhansi, to some other court of
other district with a further prayer for
staying proceeding of above criminal case
till disposal of this application.

2. Learned counsel for applicants
argued that the applicants are accused in
above Complaint Case No. 676 of 2017,
wherein they have been summoned for
offence punishable u/s 138 of N.I. Act.
They appeared and applied for bail, which
was granted. Subsequently, an application
was moved by them, which was rejected.
On 4.8.2018 counsel for opposite party
gave threat for which an application was
moved
before
the
Magistrate
immediately, which is Annexure no. 5 to
the affidavit. The applicant no. 1, being
patient of cardiac disease and under
treatment
of
doctors,
was
being
threatened by O.P. No. 2 and his family
members. Hence applicants suspected
threat to their lives, for which an
application was moved before the Court
on 16.8.2018, over which order for
sending the same to S.S.P., Jhansi, was
passed. But till now neither security
measure was given nor any order by
S.S.P., Jhansi, was passed. Looking to
conduct and behaviour of O.P. No. 2 and
his counsel there is suspicion of untoward
by O.P. No. 2. Hence this application,
with above prayer, has been moved.
Besides this, there remained persistent
threat on telephonic call by O.P. No. 2
creating panic in security feeling of
applicants. Hence this application be
allowed.

3. Learned counsel for O.P. No. 2
argued that the case is pending at the
stage of recording of statement u/s 313
Cr.P.C. and with a view to linger the trial,
this application for transfer has been
moved. Neither any report of any threat
was got lodged at Ghaziabad nor at Jhansi
by
applicants.
Whereas
merely
an
application for providing security at his
expenses was moved, which was referred
to S.S.P., Jhansi, and this can never be a
ground for transfer of this case. No threat
was ever extended nor there is any
insecurity
to
the
applicants.
This
application be rejected.

4. Learned AGA has vehemently
opposed this application.

5. This application is supported with
an affidavit and the contention of this
affidavit regarding this application u/s
407 Cr.P.C. is that counsel for O.P. No. 2
extended threat on 4.8.2018. No evidence
of this extension of threat is there nor any
report was got lodged at any police
station. The next allegation is that 8-9
persons from complainant side remained
present nearby Court and threatened.
Through telephonic call threat was being
persistently extended by O.P. No. 2/
complainant. If this contention is being
made this threat may remain, wherever
case is being transferred. This can never
be a sufficient ground for transfer of case,
pending at Jhansi. Moreso, if there was
3 All. Surendra Kumar Mishra Vs. State of U.P. & Anr.
825
any threat, the same would have been
lodged with concerned police officer or
high ups. So far as providing of security
is concerned, application was moved
before the court and by a judicial order, it
was referred to S.S.P., Jhansi, and in case
of non compliance of same, appropriate
proceeding before the concerned court
would have been taken. But no such step
was taken by the applicants. This
complaint case, u/s 138 N.I. Act, is
pending before the Court of Magistrate in
Jhansi
Sessions
Division.
Territorial
jurisdiction is with above court and the
same is at advance stage of recording of
statement u/s 313 Cr.P.C. By moving this
application, trial has been held up.
Whereas no allegation against Presiding
Officer is there. The allegations levelled
against the complainant and his counsel
are not of noticeable substance. Hence
application merits its rejection.

6. Rejected accordingly.

7. However, the Court of Magistrate
concerned may take appropriate steps in
case of any judicial proceeding against
police
personnel
regarding
noncompliance of its order is made.

8. Interim order got vacated.

9. Both sides to appear before the
trial court at an expedient and the trial
shall be concluded at the expedient.
----------

(2019)11ILR A825

ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 19.09.2019

BEFORE
THE HON'BLE RAM KRISHNA GAUTAM, J.
Crl. Misc. Transfer Application No. 443 of 2019
(U/s 407 Cr.P.C.)

Surendra Kumar Mishra ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri Suresh Kumar Gupta

Counsel for the Opposite Parties:
G.A.

A.
Criminal
Law-Code
of
Criminal
Procedure,1973 - Section 407 & Indian
Penal
Code,1860-Sections
147,342,377,323,392,504,120-B-condition
precedent for entertaining an application
u/s 407 Cr.P.C. that no application shall lie
to the High Court for transferring a case
from one Criminal Court to another
Criminal Court in the same Session
Division, unless an application for such
transfer has been made to the Sessions
Judge and rejected by him-No Sessions
Judge is expected to pressurize any
applicant or his counsel for not pressing a
transfer application,moved before it, or
any criminal or civil proceeding,pending
before it. Applicant may move transfer
application
before
the
Session
Judge,Kanpur Nagar where it shall be
heard and decided on merit only then after
applicant may be at liberty to approach the
court under section 407 Cr.P.C. (Para 5,6,7)

Transfer application disposed off (E-6)

(Delivered by Hon,ble Ram Krishna
Gautam, J.)

1. This Transfer Application has
been filed by Surendra Kumar Mishra,
with a prayer for transferring Criminal
Revision No. 192 of 2017, arising out of
Complaint Case No. 6477 of 2016111679 of 2017, Surendra Kumar Mishra
vs. Ram Kumar Bajpayee and others,
under Sections 147, 342, 377, 323, 392,
504 and 120-B of Indian Penal Code, of