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SURENDRA NATH MITTAL versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Surendra Nath Mittal v. State Of U.P. & Another - TRANSFER APPLICATION (CRIMINAL) No. 328 of 1999 [2006] RD-AH 8371 (25 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl.Misc.Transfer Application No. 328 of 1999

Surendra Nath Mittal           Vs.                State of U.P. And another

     .........

Hon'ble V.D.Chaturvedi J.

None appears for the petitioner even in the revision of the list.

I have heard Sri Ram Yash Pandey learned A.G.A.

This is the transfer application to transfer the case from the Court of C.J.M. Meerut to any court of Judicial Magistrate having jurisdiction at Bulandshahr. An F.I.R. was lodged on 11.12.1991 being case crime No. Nil of 1991 at Police Station Kotwali Nagar District Bulandshahr that the petitioner Surendra Mittal filed forged NOC for grant of permit of bus No. UP-65-5682. That consequent upon the said forged NOC, the R.T.O. Meerut granted permit. The petitioner's contention is that the forged documents are alleged to have been filed at Bulandshahr, therefore the jurisdiction lying in District Bulandshahr and not in Meerut. Even if the forged documents are filed in Bulandshahar to obtain the permit from RTO Meerut and consequently the permit was granted by RTO Meerut, the jurisdiction of Court of Meerut is not taken away by both the Courts in view of Section 179 Cr.P.C.

Since the court of Meerut as well as that of Bulandshahr have jurisdiction and since none is present to press the transfer application I see no reason to allow this transfer application.

The transfer application is consequently rejected.

Copy of this order be sent to the C.J.M. Meerut.

Dt.25.4.2006

Hsc/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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