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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
TEJ PRATAP TIWARI
Nitesh Rastogi – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of transfer order and case background. (Para 1 , 2 , 3) |
| 2. arguments on transfer authority and jurisdiction. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. analysis of legal provisions on case transfer. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. court's decision on transfer order's legality. (Para 21) |
| 5. conclusion and directives for future procedures. (Para 22 , 23) |
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,
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....
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