Hridesh v. State of U.P & Anr.

Hon'ble Ms. Nand Prabha Shukla,J.

This is a revised call. No one has appeared on behalf of opposite party no.2 despite service of notice.

Heard learned counsel for the applicant and learned AGA for the State and perused the record.

The present application under Section 407 Cr.P.C. has been filed by the applicant-accused seeking transfer of Case No. 1252/2018 (State Vs. Hridesh) arising out of Case Crime No. 104 of 2017, under Sections 406, 504, 506 I.P.C. P.S.- Palimukimpur, District- Aligarh from the court of learned Judicial Magistrate Atarauli, Aligarh to any other district court of Jhansi Division, Jhansi, Chitrakoot Dham Mandal Banda or Prayagarj Division, Prayagaraj having competent jurisdiction.

The present application has been filed at the instance of applicant-accused, who is named in the FIR bearing Case Crime No. 104 of 2017 under Sections 406, 504, 506 I.P.C., District- Aligarh lodged on 11.5.2017 and has been charge-sheeted on 23.1.2018. Thereafter, the summons were issued and the non- bailable warrant has been issued against the applicant-accused, under Sections 406, 504, 506 I.P.C. on 25.10.2024.

The main submission of learned counsel for the applicant- accused is that as per the first information report the alleged offence is stated to have been committed at P.S.- Rath, District- Hamirpur but it was registered at P.S.- Palimukimpur, District- Aligarh, which is in contravention of the provisions contained in Chapter XIII of Cr.P.C. It has also been asserted that the first informant/ opposite party no.2 is a muscle man and is associated with anti-social elements and he is the resident of District- Aligarh, and has threat perception as the trial which is being conducted in District- Aligarh may cause danger to the life of the applicant, therefore, the matter be transferred to some other district for the ends of justice.

Per contra, learned AGA for the State has refuted the aforesaid submission on the ground that the contention raised by the applicant pertains to the jurisdiction of the court which cannot be adjudicated under Section 407 Cr.P.C.

Upon having heard learned counsel for the parties and on perusal of records, it transpires that the ground raised by the applicant-accused pertains to the jurisdiction of the court concerned, cannot be adjudicated in an application moved under Section 407 Cr.P.C.

In view of above, the application has no merit and is accordingly dismissed. Order Date :- 17.1.2025 Mohini MOHINI RAI High Court of Judicature at Allahabad