Allahabad High Court
Shahbuddin vs U.O.I. Thru. Cbi/Acb Lko And Another on 3 December, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 121 of 2019 Applicant :- Shahbuddin Opposite Party :- U.O.I. Thru. Cbi/Acb Lko And Another Counsel for Applicant :- Kuldeep Srivastava,Tapeshwar Kumar Maurya Counsel for Opposite Party :- A.S.G.,Mohd. Amir Naqvi Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the central bureau of Investigation.
2. The present application under Section 407 Cr.P.C. has been filed seeking transfer of Criminal Complaint Case No.60 of 1989, arising out of Crime No.RC9/E/1983, under Sections 120-B read with 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947 and substantive offence under Sections 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947, pending in the court of Special Judicial Magistrate, CBI, Lucknow to District Moradabad.
3. The complaint was lodged by the Export Import Department, Government of India. The case was being prosecuted by the Central Bureau of Investigation (for short 'CBI'). However, as per the policy decision, the CBI withdrew from prosecuting the said offence. Learned Magistrate vide order dated 20.8.2015 held that the matter pertains to the jurisdiction of Moradabad and this Court in absence of CBI prosecuting the case, could not be proceed.
4. Sri Anurag Kumar Singh, learned counsel for the CBI also submits that the CBI has withdrawn from the prosecution of the said case and now it is being prosecuted by the Ministry of Commerce and Industry, Government of India. He further submits that the CBI has no objection if the matter is transferred to District Moradabad as the jurisdiction otherwise is of Moradabad Court.
5. Considering the aforesaid submission, the present application is allowed and Criminal Complaint Case No.60 of 1989, arising out of Crime No.RC9/E/1983, under Sections 120-B read with 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947 and substantive offence under Sections 420, 467, 468 and 471 IPC and Section 5 of the Imports and Exports (C) Act, 1947, pending in the court of Special Judicial Magistrate, CBI, Lucknow is transferred to District Moradabad. District Judge, Moradabad shall assign the case to the appropriate Magistrate for its further trial from the stage where it is pending.
Order Date :- 3.12.2022 Rao/-