Allahabad High Court
Deepak Tiwari & Anr. vs State Of U.P. & Anr. on 7 December, 2020
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ? Court No. - 29 Case :- U/S 407 CR.P.C. No. - 49 of 2020 Applicant :- Deepak Tiwari & Anr. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Alok Kr. Misra,Ajeet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Alok Mumar Mishra, learned counsel for the applicants/petitioners, Sri Manvendra Singh, learned counsel for respondent No.2 as well as learned A.G.A. for the State.
2. By means of the present petition under Section 407 Cr.P.C. the applicant has prayed for transfer of S.T. No.446 of 2012 (State Vs. Jitendra Shukla and others) and S.T. No.249/2014 (State Vs. Deepak Tiwari and others) under Section 302, 34 and 120-B IPC in case crime No.1667 of 2011, police station Kotwali Nagar, District Sultanpur, pending in Additional Sessions Judge, Court No.1, Sultanpur to another court.
3. The only ground on which the present petition has been filed is that opposite party No.2 is an influential person and the applicants may not get justice.
4. Sri Manvendra Singh, learned counsel for respondent No.2, submits that the applicants have an alternative remedy of moving an application under Section 408 of Cr.P.C. with regard to his grievance raised in this petition.
4. Learned counsel for the applicant after arguing at some length submits that he may be given liberty to avail the remedy under Section 408 Cr.P.C. to move appropriate application to the District and Sessions Judge, who is competent to transfer a case to another court.
5. In light of the above, the petition /application is disposed of with an observation that the petitioner may move appropriate application before District and Sessions Judge, District Sultanpur, who shall consider and dispose of the same expeditiously in accordance with law.
Order Date :- 7.12.2020 (Alok Mathur, J.) RKM.