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RAJ BEER SINGH
State of U. P. – Appellant
Versus
Mukhtar Ahmad Ansari – Respondent
JUDGMENT
Raj Beer Singh, J.
This transfer application has been moved on behalf of State under Section 407 Cr.P.C. for transfer of Criminal Case No. 961 of 2021 (State v. Mukhtar Ansari), arising out of Case Crime No.121 of 2021, under Section 21 /25 ARMS ACT , P.S. Muhammadabad, District Ghazipur, pending in the court of learned Chief Judicial Magistrate/Special Court M.P./M.L.A. Ghazipur to the Court of Special Judge M.P./M.L.A. Varanasi and the same be connected with S.T. No.22 of 2005, pending in the court of Special Judge M.P./M.L.A. Varanasi.
2. Heard Sri P.C. Srivastava, learned Additional Advocate General along with Sri Vikas Sahai, learned A.G.A. for the State/applicant and Sri Upendra Upadhyay, learned counsel for the opposite party no.1 and perused the record.
3. The main ground raised on behalf of the applicant / State is that the S.T. No. 22 of 2005, State v. Mukhtar Ansari, crime No. 266/1990 , under section 467/468/420/120B IPC, PS Mohammedabad, Ghazipur is being tried by the court of Additional Sessions Judge / Special Judge (P.C. Act), Spl. Court No. 1, Varanasi and main allegation in that case is that the opposite party No.1 / accused Mukhtar Aansari has obtained
The interconnection of criminal cases justifies transfer under Section 407 due to the need for unified decision-making and to avoid conflicting outcomes.
The court held that cases involving similar issues should be tried together for judicial consistency, acknowledging the discretion to determine joint or separate trials in light of evidentiary differ....
Transfer of cases under Section 407 Cr.P.C. requires compelling circumstances, not mere assertions of overlapping motives, to ensure fair trial.
Joint trials are permissible for different offences from the same transaction, but jurisdictional limitations prevent direct transfer to a Special Court without prior commitment to the Sessions Court....
(1) Transfer of criminal trial – Justice will not be done is a prerequisite for transfer of case – Right to a fair trial is a fundamental right under Article 21 of Constitution of India and its impor....
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
The court ruled that related criminal cases arising from the same incident should be tried together to ensure justice and avoid multiplicity of evidence.
(1) Intervention application filed by a third party should not ordinarily be allowed in criminal cases unless Court is satisfied that on the grounds on which person seeking intervention is directly o....
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