petitioner has filed an application under Section 407 of CrPC, praying for
transferring the FIR registered as Mayong PS Case No. 200/2021, under Sections ... investigation, if
conditions mentioned under Sections 177 to 186 CrPC are satisfied.
19. However, the conjoint reading of Section 407
transfer of cases as envisaged in that provision.
However, sub-section (2) of Sec.407 further stipulates that the High
Court may act either ... party interested, or on its own initiative. Proviso to sub-
section (2) of Sec.407 stipulates that no application shall lie to the High
Court
BENCH
A.F.R
Reserved
Court No. - 16
1. Case :- U/S 482/378/407 No. - 4253 of 2012
Applicant :- M/S Fertico Marketing ... Birshwar Nath,Anurag Kumar Singh,S.B.Pandey
2. Case :- U/S 482/378/407 No. - 4251 of 2012
Applicant :- M/S Swastic Cement Products
which are as under:
1. FIR No.783/97 under Sections
407 / 379 / 411 / 120 IPC, PS Okhla
Industrial Area ... under Sections
407 / 379 / 411 / 120 IPC, PS Okhla
Industrial Area.
3. FIR No.804/97 under Sections
407 / 379 / 411 / 120 IPC, PS Okhla
liable to fine.
6.2 The said two Sections differ essentially on two aspects
enumerated below:
(i) Section 407 IPC relates to breach of trust inter ... fine.
6.3 The basic difference between the above said two Sections
is that Sec 407 inter-alia relates to warehouse keeper and
prescribes lesser punishment
meaning of Section 195 , Sub-section (3), Criminal P.C. so as to be competent to hear the appeal under Section 476 B, Criminal ... from Sub-section (7) of that section as it stood in the Act of 1898 : vide Sub-section (3) of Section 195 as it stands
alleging that the petitioners have committed offence under Sections 407 and 420 IPC.
4. The petitioners contend that the FIR does not disclose any ingredients ... offence under Sections 407 and 420 of IPC and, even if the contents are taken on their face value, at the most, they can disclose
accused Smt. Vibha Tiwari and others preferred a Transfer Application under Section 407 Cr.P.C. before this Court at Allahabad, which was registered ... transfer of trial is passed in exercise of powers conferred under Section 407 IPC by the High Court, it cannot be recalled or reviewed
JUSTICE S. MURALIDHAR
ORDER
12.11.2014
1. This is a petition under Section 407 read with Section 482 of the Code
of Criminal Procedure ... interest of justice for this Court to
exercise its powers under Section 407 Cr PC to transfer the cases.
Section 407
Sessions Judge, Merta framed the charges under Section 302 and in alternative under Sections 304 / 34 , 407 , 201 and 379 , IPC. The accused denied ... discussion, the conviction of the appellants under Section 302 / 34 , IPC as well as under Section 407 , IPC cannot be sustained.
23. Consequently, the appeal
