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2015 Supreme(All) 2293
ALLAHABAD HIGH COURT
Ashwani Kumar Singh, J.
Vandana Srivastava And Ors. - Appellant
Versus
State of U.P And Anr. - Respondent
U/S 407 CR.P.C. No. 13 of 2015
Decided On : 09-07-2015
For the Petitioner: Dr. D.K Tiwari, Ramesh Chandra Pathak.
For the Respondents:Govt. Advocate, Pranshu Agrawal.
The court considered the burden on the receiving court as a key factor in dismissing the petition for transferring the criminal case.
Headnote:
Transfer - Criminal Case - The court dismissed the petition for transferring a criminal case from one district to another, stating that transferring the case would burden the court in the receiving district, which is already burdened with a large number of cases.
Fact of the Case:
The applicants filed a petition under Section 407 Cr. P.C. to transfer a criminal case from one district to another, citing the pendency of another case in the receiving district.
Finding of the Court:
The court found that there was no merit in the contention of the applicants and dismissed the petition, stating that transferring the case would burden the court in the receiving district, which is already burdened with a large number of cases.
Issues: The main issue was whether the criminal case should be transferred from one district to another based on the pendency of another case in the receiving district.
Ratio Decidendi: The court's decision was influenced by the burden it would impose on the court in the receiving district, which is already burdened with a large number of cases.
Final Decision: The petition for transferring the criminal case was dismissed as the court found it devoid of merit.
Ashwani Kumar Singh, J.
Heard learned counsel for the applicants and the learned State Counsel.
2. This petition under Section 407 Cr. P.C. has been moved by the applicants for transferring the Criminal Case No. 4752/2013 (State Vs. Suresh Chandra Srivastava and others) under Sections 147, 323, 504, 506, 452 I.P.C., P.S. P.G.I., Lucknow pending before the court of J.M.-II, Lucknow to the court of learned Chief Judicial Magistrate, Fatehpur.
3. The ground taken by the learned counsel for the applicants is that since Criminal Case No. 2761/2014 (State Vs. Ram Krishna Srivastava) under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act is pending in district Fatehpur, as such, the case may be transferred.
4. I do not find any force in the contention of the learned counsel for the applicants as this case is pending in the court at Lucknow and transferring the same to another district only burdens that court, and the courts are already burdened with large number of cases.
The petition is devoid of merit and accordingly, it is dismissed.
