State of U. P. vs Mukhtar Ahmad Ansari

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2870

RAJ BEER SINGH
State of U. P. – Appellant
Versus
Mukhtar Ahmad Ansari – Respondent

Advocates Appeared:
For the Applicant : Shiv Kumar Pal
For the Respondent: Upendra Upadhyay

Table of Content
1. transfer of cases under similar allegations (Para 1 , 3)
2. opposition to transfer based on trial stage (Para 4)
3. conditions for transfer under section 407 cr.p.c. (Para 5 , 6)
4. inconvenience not valid for transfer (Para 7 , 8)
5. transfer ordered for joint trial (Para 9 , 10)

JUDGMENT :

Raj Beer Singh, J.

1. 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 vs. 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 vs. Mukhtar Ansari