HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 124 of 2019 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, Shri Raj Kumar Singh, learned counsel for the Union of India/opposite party No.2 and Shri Anurag Kumar Singh, learned counsel for the CBI/respondent No.1 and perused the record. 2. This application has been filed seeking following main relief(s) :- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the criminal case of the petitioner registered at Complaint No. 102 of 1989 arising out Crime No. RC 3/E/1980-Delhi, [State Versus Abdul Hafiz & Others), under section 120 B r/w section 5 of Imports and Export (C) Act, 1947 and 420, 468, 471 I.P.C., Pending in the Court of Learned Special Judicial Magistrate, C.B.1., Lucknow to District- Moradabad, so as to secure the ends of justice." 3. Learned counsel for the applicant has stated that in the similar facts and circumstances of the case, this Court vide order(s) dated 03.12.2022, passed in Transfer Application (Criminal) No.121 of 2019 and Transfer Application (Criminal) No.122 of 2019, transferred the Criminal Complaint Case No(s). 60 of 1989, arising out of Crime No.RC9/E/1983, under Sections 120-B read with 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947 and substantive offence under Sections 420, 467, 468 and 471 Versus Counsel for Applicant(s) : Kuldeep Srivastava, Manish Gautam, Tapeshwar Kumar Maurya Counsel for Opposite Party(s) : A.S.G., Anurag Kumar Singh, Varun Pandey Abdul Hafiz .....Applicant(s) U.O.I. Thru. Cbi/Acb Lko And Another .....Opposite Party(s) IPC and Section 5 of the Imports and Exports (C) Act, 1947, pending in the court of Special Judicial Magistrate, CBI, Lucknow and Criminal Complaint Case No(s).61 of 1989, arising out of Crime No.RC9/E/1983, under Sections 120-B read with 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947 and substantive offence under Sections 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947, pending in the court of Special Judicial Magistrate, CBI, Lucknow to District Moradabad. The order dated 03.12.2022, passed in Transfer Application (Criminal) No.121 of 2019 is extracted herein under :- "1. Heard learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the central bureau of Investigation. 2. The present application under Section 407 Cr.P.C. has been filed seeking transfer of Criminal Complaint Case No.60 of 1989, arising out of Crime No.RC9/E/1983, under Sections 120-B read with 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947 and substantive offence under Sections 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947, pending in the court of Special Judicial Magistrate, CBI, Lucknow to District Moradabad. 3. The complaint was lodged by the Export Import Department, Government of India. The case was being prosecuted by the Central Bureau of Investigation (for short 'CBI'). However, as per the policy decision, the CBI withdrew from prosecuting the said offence. Learned Magistrate vide order dated 20.8.2015 held that the matter pertains to the jurisdiction of Moradabad and this Court in absence of CBI prosecuting the case, could not be proceed. 4. Sri Anurag Kumar Singh, learned counsel for the CBI also submits that the CBI has withdrawn from the prosecution of the said case and now it is being prosecuted by the Ministry of Commerce and Industry, Government of India. He further submits that the CBI has no objection if the matter is transferred to District Moradabad as the jurisdiction otherwise is of Moradabad Court. 5. Considering the aforesaid submission, the present application is allowed and Criminal Complaint Case No.60 of 1989, arising out of Crime No.RC9/E/1983, under Sections 120-B read with 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947 and substantive offence under Sections 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947, pending in the court of Special Judicial Magistrate, CBI, Lucknow is transferred to District Moradabad. District Judge, Moradabad shall assign the case to the appropriate Magistrate for its further trial from the stage where it is pending." TACR No. 124 of 2019 2 4. The aforesaid as also the prayer to transfer the case in issue has not been opposed. 5. Taking note of the aforesaid, the present application is allowed. 6. The Complaint Case No.102 of 1989, arising out Crime No.RC 3/E/1980- Delhi, (State Versus Abdul Hafiz & Others), under Section 120 B r/w section 5 of Imports and Export (C) Act, 1947 and Sections 420, 468, 471 I.P.C., Pending in the Court of Learned Special Judicial Magistrate, C.B.1., Lucknow is transferred to District - Moradabad. The District Judge, Moradabad shall assign the case to the appropriate Magistrate for its further trial from the stage where it is pending. December 1, 2025 ML/- TACR No. 124 of 2019 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench