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2025 DAILYLAW 19137 (ALL)

C.B.I THRU. S.P C.B.I, SCB, LKNW. v. STATE OF U.P THROUGH SECRETARY HOME, LUCKNOW AND 24 OTHERS

TACR/162/2022 · 2025-09-23

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 162 of 2022 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. None appeared on behalf of private opposite parties even in revised call. 2. Heard Sri Rahul Srivastava, learned counsel for C.B.I. and Sri Pradeep Kumar, learned AGA for the State. 3. By way of instant transfer application following prayer has been made:- "It is, therefore, most respectfully prayed this Hon'ble Court may that graciously be pleased application and to allow this 1. Transfer the Court Case No.18020/17, 5479/18, 3371/18, 5781/19 and 11947/18 State of U.P. Versus Rajesh Kumar & Others [Case Crime No.295 of 2017 Under Section 120-B r/w 409, 418, 420, 421, 463, 467, 471, 477, 201, 468, 477-A, and 34 of IPC, Police Station Civil Lines, Distt-Prayagraj (U.P.) pending in the court of Learned Chief Judicial Magistrate, Special Judge, Central Bureau Investigation Court at Lucknow along with all case record. 2. Direct the Trial Court at Prayagraj to provide all the original records and exhibits deposited by Police station, Civil Lines, District-Prayagzaj, U.P. in connection with Case Crime No.295 of 2017 to Special Judge, Central Bureau Investigation for smooth and subsequent proceedings" 4. Learned counsel for the applicant i.e. C.B.I. submitted that on 05.05.2017 a FIR was lodged at Police Station-Civil Lines, District-Allahabad under Sections 409, 418, 420, 421, 463, 467, 471, 477, 201, 120B IPC at Case Crime No. 295 of 2017 and after investigation on 27.03.2018 charge sheet has been filed and with regard to above Case Crime No. 295 of 2017 Versus Counsel for Applicant(s) : Sanjay Kumar Yadav, Sr. Advocate Counsel for Opposite Party(s) : G.A., Nitin Agarwal, Shishir Prakash, Vinod Kant Mishra C.B.I Thru. S.P C.B.I, Scb, Lknw. .....Applicant(s) State Of U.P Through Secretary Home, Lucknow And 24 Others .....Opposite Party(s) following cases are pending in the court of C.J.M., Allahabad:- (i)18020 of 2017, (ii)5479 of 2018, (iii)3371 of 2018, (iv)5781 of 2019, (v)11947 of 2018 (State of U.P. vs. Rajesh Kumar & others) under Sections 409, 418, 420, 421, 463, 467, 471, 477, 201, 120B IPC. 5. He further submitted that in the year 2020 matter was handed over to C.B.I. and thereafter on 03.02.2021 a FIR was registered by C.B.I. and after investigation C.B.I. submitted separate charge sheet on 30.12.2021 and trial arising out from charge sheet dated 30.12.2021 is pending before the court of C.B.I. Anti-Corruption, Court No.1, Lucknow and, therefore, all the cases pending before the court of C.J.M., Allahabad be transferred to the court of C.B.I. Anti-Corruption, Lucknow so as trial of all the cases may be conducted and disposed of simultaneously as all the trial relate to the same offence. 6. Learned AGA also submitted that as after submission of charge sheet by C.B.I. trial is pending before the court of C.B.I. Anti-Corruption, Lucknow, therefore, case pending before the court of C.J.M., Allahabad may be transferred to the court of C.B.I., Lucknow and State is having no objection. 7. I have heard both the parties and perused the record of the case. 8. It reflects, on 05.05.2017, a FIR was lodged at Police Station-Civil Lines, District-Allahabad at Case Crime No. 295 of 2017 and after investigation police submitted charge sheet in the matter and it appears, thereafter five cases with regard to same case crime number arise and are pending before the court of C.J.M., Allahabad vide Case Nos. 18020 of 2017, 5479 of 2018, 3371 of 2018, 5781 of 2019 and 11947 of 2018 (State of U.P. vs. Rajesh Kumar & others) but it reflects, in the year 2020 by notification investigation of the case was handed over to C.B.I. and thereafter C.B.I. after registering the case, conducted the investigation and after investigation a separate charge sheet has been filed by C.B.I. and trial of the case arising out of charge sheet submitted by C.B.I. is pending before the court of C.B.I. Anti- Corruption, Court No.1, Lucknow. 9. 9. As cases, which are pending before the court of C.J.M., Allahabad and trial of the case pending before the court of C.B.I., Lucknow arose from the same offence, therefore, this Court finds merit in the argument advanced by TACR No. 162 of 2022 2 learned counsel for C.B.I. that these cases should be transferred to the court of C.B.I., Anti-Corruption, Lucknow, where trial of other case is pending. 10. Accordingly, instant transfer application stands allowed. 11. Case Nos. 18020 of 2017, 5479 of 2018, 3371 of 2018, 5781 of 2019 and 11947 of 2018 (State of U.P. vs. Rajesh Kumar & others) arising out of Case Crime No. 295 of 2017 under Sections 409, 418, 420, 421, 463, 467, 471, 477, 201, 120B IPC, Police Station-Civil Lines, District-Allahabad pending before the court of C.J.M. Allahabad are hereby transferred to the court of C.B.I., Anti-Corruption, Lucknow. September 24, 2025 KK Patel TACR No. 162 of 2022 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad