JAIHIND AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
TACR/58/2025 · 2025-07-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152378 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152378 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44017 Court No. - 15 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 58 of 2025 Applicant :- Jaihind And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. Heard Sri Vivek Chandra, learned counsel for the applicants and Sri Hansraj Verma, learned AGA for the State and perused the record. By means of instant application under Section 407 Cr.P.C., applicants are seeking transfer of Special Case No. 01 of 2018 (State vs. Umesh Chandra and Others), arising out of Case Crime No. 244 of 2018, under Sections 419, 420 IPC and Section 18C, 27(b)ii of Drugs and Cosmetics Act, P.S.- Fatehpur, District-Barabanki, pending before learned A.D.J.- VI/Special Judge, Drugs and Cosmetics Act, District- Ayodhya/Faizabad to learned A.D.J./Special Judge, Drugs and Cosmetics Act, District-Barabanki. The aforesaid case was instituted on the basis of FIR lodged on 24.06.2018 at P.S.-Fatehpur, District-Barabanki as the matter relate to the offences under Drugs and Cosmetics Act and there was no Special Court under Drugs and Cosmetics Act at relevant point of time, trial of the applicants was continuing in the Court of learned A.D.J.-VI/Special Judge, Drugs and Cosmetics Act, District-Ayodhya/Faizabad. Now the Special Court for the offences under Drugs and Cosmetics Act, has been constituted in District-Barabanki.
Learned counsel for the applicants has submitted that as the offence in question within the limits of District-Barabanki and the FIR was also lodged in District-Barabanki, the trial should be transferred to the Court of Special Judge, Drugs and Cosmetics Act, District-Barabanki. Learned AGA for the State, on the basis of instructions, has stated that now the Special Judge, Drugs and Cosmetics Act, is functioning in District-Barabanki and opposite party No.2 has no objection if the trial is transferred to the competent Court in the District-Barabanki. Accordingly, the application is allowed. Let Special Case No. 01 of 2018 (State vs. Umesh Chandra and Others), arising out of Case Crime No. 244 of 2018, under Sections 419, 420 IPC and Section 18C, 27(b)ii of Drugs and Cosmetics Act, P.S.-Fatehpur, District-Barabanki, pending before learned A.D.J.-VI/Special Judge, Drugs and Cosmetics Act, District-Ayodhya/Faizabad, be transferred to learned A.D.J./Special Judge, Drugs and Cosmetics Act, District- Barabanki, within a week.
Order Date :- 30.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench