MOHAMMAD SHAKEEL U/S A407 v. BAR ASSOCIATION HARDOI THROUGH ITS SECRETARY.
A482/749/2003 · 2025-01-06
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116040 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:569 Court No. - 18 Case :- APPLICATION U/S 482 No. - 749 of 2003 Applicant :- Mohammad Shakeel U/S A407 Opposite Party :- Bar Association Hardoi Through Its Secretary. Counsel for Applicant :- Pankaj Gupta,R.B.S. Rathaur Hon'ble Manoj Bajaj,J. The applicant-Mohammad Shakeel being accused has approached this Court by way of filing an application under Section 407 Code of Criminal Procedure seeking transfer of Criminal Case No. 2918 of 2003, under Sections 153-A, 295-A, 504 & 506 IPC, titled Bar Association, Hardoi Versus Dr. M. A. Khan and Others.
Learned counsel appearing on behalf of the applicant has argued that the applicant is one of the accused in the subject complaint instituted by the District Bar Association, Hardoi, who has been summoned to face trial for alleged commission of offence punishable under Sections 153-A, 295-A, 504 & 506 IPC. Learned counsel for the applicant next submits that since the complainant is District Bar Association, Hardoi, therefore, the applicant apprehends that he may not get a fair trial and under such circumstances, it would be in the interest of justice, if, the pending trial proceedings are transferred to some other court of competent jurisdiction in any other district. He prays that the subject complaint be transferred. During the course of hearing, it is not disputed by learned counsel for the applicant that in respect of the occurrence which is the subject matter of the criminal complainant, a State case through two FIR's bearing FIR No. 296 of 2003, under Sections 295-A, 296, 504 & 506 IPC and FIR No. 297 of 2003, under
Sections 147, 148, 323, 504, 506 & 427 IPC and Section 3(1) (X) of SC/ST Act were also registered at the instance of Sri Gyanendra Dwivedi, Advocate, but there is nothing on record to indicate that any prayer for transfer of the said cases was ever made by the applicant. Further, learned counsel for the applicant is unable to reveal the status of the State case. That apart, there is nothing on record to indicate that the applicant had ever put in appearance pursuant to the issuance of process by the trial court, thus, the apprehension expressed by the applicant that he may not get a fair trial is absolutely misconceived, as there is no instance mentioned in the application to even prima facie show that the applicant is likely to suffer any prejudice. Consequently, this Court is not inclined to exercise the jurisdiction under Section 407 CrPC. The application is dismissed.
Order Date :- 6.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench