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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
TEJ PRATAP TIWARI
Nitesh Rastogi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
TEJ PRATAP TIWARI, J.
1. The present petition has been filed under section 528 BNSS to quash/set aside impugned Transfer Order dated 10.10.2025 passed by learned court of Chief Judicial Magistrate, Lucknow whereby, trial of the Criminal Case No. 6148/2022 State vs. Bijendra Pal Singh and others has been transferred from the court of Judicial Magistrate 1st (A.T.S.), Lucknow to the court of Additional Chief Judicial Magistrate 1st, Lucknow.
Factual Matrix
2. Shorn of the details, an FIR lodged against opposite party no.2 Bijendra Pal Singh and opposite party no.3 Rajiv Singh alleging fraudulent misappropriation of gold jewellery worth approximately 3,20,00,000/- on 02.09.2021, registered as Case Crime No. 219 of 2021 under Sections 406, 419, 420, 506 IPC, with Sections 170, 467, 468, 471 and 411 IPC added during investigation. On 03.09.2021, the police arrested opposite party no.3 Rajiv Singh and recovered 5 kg 743 gm 90 mg of gold jewellery belonging to the informant firm M/s Mohan Shyam Kalyan Das Jewellers (MJK), along with a forged identity card purporting to be that of an IPS officer. The seized jewellery was released in favour of the informant on 05.10.2021. Subsequen
Chief Judicial Magistrate lacks jurisdiction to transfer criminal cases; such authority exclusively belongs to the Sessions Judge under the Code of Criminal Procedure.
Transfer of cases under Section 407 should only occur in exceptional circumstances where a fair trial is jeopardized, focusing on the totality of convenience for justice rather than mere preference o....
Transfer of under-trial prisoners requires judicial reasoning and fair procedure; arbitrary transfers violate rights and must be quashed.
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
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