Court No. - 64

Case :- APPLICATION U/S 482 No. - 19060 of 2022

Applicant :- Mohan Pal Rawat

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajay Kumar Pandey,Gaurav Singh

Chauhan,Rajesh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Saumitra Dayal Singh,J.

1. Heard Shri Rajesh Kumar Singh, learned counsel for the applicant and

Shri Ankit Srivaastava, learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to transfer - four

criminal cases pending in Meerut; four criminal cases pending in Hapur and,

one pending in Baghpat, all to the district Ghaziabad such that all criminal

cases sought to be transferred may be tried at one court at Ghaziabad where

four other criminal cases are pending against the applicant. The details of

such cases pending at Meerut, Hapur, Baghpat and Ghaziabad are as below:

MEERUT

Case No.

Crime No.

Section

Police

Station

District

Pending in the

court of

20672/21

463/16

193, 402 IPC

Kharkhauda

Meerut

ACJM, court

no.5, Meerut

20671/21

464/16

193, 402 IPC

Kharkhauda

Meerut

ACJM, court

no.5, Meerut

20665/21

465/16

193, 402 IPC

Kharkhauda

Meerut

ACJM, court

no.5, Meerut

20674/21

466/16

193, 402 IPC

Kharkhauda

Meerut

ACJM, court

no.5, Meerut

HAPUR

UPHP040011

652022

559/16

193, 420, 120-

B IPC

Plakhuwa

Hapur

CJM Hapur

UPHP04018

1632021

807/16

193, 419, 420

IPC

Plakhuwa

Hapur

CJM Hapur

UPHP04018

1602021

192/16

193, 419, 420

IPC

Plakhuwa

Hapur

Judicial

Magistrate II,

Hapur

UPHP04018

1612021

193/16

193, 419, 420

IPC

Plakhuwa

Hapur

Judicial

Magistrate II,

Hapur

BAGHPAT

UPBG04013

4002021

860/16

193, 420, 120-

B IPC

Baghpat

Baghpat

CJM Baghpat

GHAZIABAD

1978/22

571/16

193, 419, 420,

120-B IPC

Masuri

Ghaziabad ACJ(SD)/ACJM,

Court no.1,

Ghaziabad

7990/21

1605/16

193, 420 IPC

Sihani Gate Ghaziabad

ACJM, Court

no.3, Ghaziabad

9288/21

572/16

193, 419, 420,

120-B IPC

Masuri

Ghaziabad

ACJ(SD)/First

ACJM,

Ghaziabad

9287/21

779/16

193, 420 IPC

Masuri

Ghaziabad

ACJ(SD)/ First

ACJM,

Ghaziabad

3. Submission is, pursuant to certain directions issued by the division bench

of this Court sitting at Lucknow dated 7.10.2015, a Special Investigation

Team was constituted to examine the issue of bogus claims instituted before

M.A.C.T. and Workmen Compensation Commissioner, all pending at

Ghaziabad. In that, it appears, the Investigating Officer – Virendra Tiwari

(now retired) lodged 15 FIRs. Though all cases were found pending within

the jurisdiction of the court at Ghaziabad, first informant chose to lodge

individual FIRs in individual cases in the individual districts where the cause

of action to lodge the money claim may have arisen.

4. In such fact, learned counsel for applicant would submit, gross

miscarriage of justice may arise if the applicant, who is a practising lawyer,

is forced to participate in different trials in different districts.

5. Therefore, in the interest of justice, it has been prayed, all trials may be

transferred to the courts at Ghaziabad as may allow the applicant to further

pray to the learned District Judge, Ghaziabad, to ensure that all the trials are

conducted in one Court. Reliance has been placed on the provisions of

Section 220 Code of Criminal Procedure 1973 (hereinafter referred to as the

Cr.P.C.) and the decision of the Supreme Court Court in Satinder Singh

Bhasin vs. The State of Uttar Pradesh & Anr., Writ Petition (S)

(Criminal) No.(s) 197/2021, decided on 12.5.2022.

2

6. On the other hand, learned AGA would submit, there is no power in the

Cr.P.C. as may allow such transfer of the proceedings, except in accordance

with Section 407 Cr.P.C.. That power has yet not been invoked. He would

assert, such applications would have to be filed in individual cases before the

appropriate forum. The inherent jurisdiction of the Court may not be

invoked and it may not be exercised in face of statutory provisions existing

with the nature of relief claimed. With reference to Section 220 Cr.P.C, it has

been submitted