The Allahabad High Court has directed to transfer the case against Bahubali Mukhtar Ansari regarding Arms Act in Ghazipur to Varanasi MP MLA Court.
A Single Bench of Justice Raj Beer Singh passed this order while hearing a transfer application filed by the State of UP.
The transfer application has been moved on behalf of State under Section 407 Cr.P.C for transfer of Criminal Case under Section 21/25 Arms Act, P.S Muhammadabad, District Ghazipur, pending in the court of the Chief Judicial Magistrate/Special Court M.P/M.L.A Ghazipur to the Court of Special Judge M.P/M.L.A Varanasi and the same be connected with pending in the court of Special Judge M.P/M.L.A Varanasi.
The main ground raised on behalf of the applicant / State is that the State vs Mukhtar Ansari, crime under section 467/468/420/120-B IPC, PS Mohammedabad, Ghazipur is being tried by the court of Additional Sessions Judge / Special Judge (P.C. Act), Varanasi and main allegation in that case is that the opposite party No1 / accused Mukhtar Aansari has obtained two arms license by way of cheating and forgery, whereas in the case under section 21/25 Arms Act, P.S Muhammabad, Ghazipur, the allegation against the opposite party No 1 / accused is that after cancellation of above referred two arms license, he did not deposit/surrender the said two weapons and thus he was in unauthorised possession of the same and this case is pending before the court of C.J.M, Ghazipur.
It was submitted by the AGA that both cases pertain to the same issue and are connected with each other and it would be in the interest of justice that both the cases be decided by one and the same court so that conflicting verdict may be avoided.
Counsel for the opposite party/accused has opposed the transfer application and submitted that, State V Mukhtar Ansari, pending before the court of Additional Sessions Judge / Special Judge (P.C. Act), Varanasi, is at an advanced stage of trial and nine prosecution witnesses have already been examined and thus, the transfer of case under section 21/25 Arms Act from the court at Ghazipur to Varanasi would delay the trial, as the case is in stage of charge. It was also stated that in both the cases, witnesses are different and thus, they cannot be tried together.
The Court said that it is also well settled that mere allegation that there would be inconvenience in attending the case, in the absence of any substantial material, can not be a ground for transfer of the case. Transfer of a case cannot be granted on the surmises or on fancied notion of a litigant.
The Court noted that,
In the case, the version of the applicant/State is that State vs Mukhtar Ansari, the prosecution case is that the opposite party No1 / accused Mukhtar Aansari has obtained two arms license by way of cheating and forgery, whereas in another case under section 21/25 Arms Act, P.S Muhammabad, Ghazipur, the case of prosecution is that after cancellation of above referred two arms licenses, the opposite party No1/ accused did not deposit / surrender the said two weapons and thus he was in illegal possession of the same.
Thus, the issue in both the cases is inter-connected and it appears expedient for the ends of justice that both the cases be tried by one and the same court. The objection of the opposite party No 1 is that the State vs Mukhtar Ansari is at advanced stage of trial and the case under section 21/25 Arms Act, PS Muhammabad, Ghazipur is pending at the charge and thus if case pending at Ghazipur is tried along with, it would cause unnecessary delay in trial. It was also pointed out that witnesses in both the cases are different.
“In view of these facts, it appears appropriate that the case under section 21/25 Arms Act, PS Muhammabad, Ghazipur pending before the C.J.M, Ghazipur, be transferred to the court of Additional Sessions Judge / Special Judge (P.C Act), Varanasi, where is pending, so that both the cases may be decided by the same court, however, considering the stage and the contention that witnesses in both the cases are different, it would be at the discretion of the trial court whether both the cases are tried together by consolidating or separately”, the Court observed while disposing the application.
“In view of aforesaid, the case under section 21/25 Arms Act, PS Muhammabad, Ghazipur, pending before the court of C.J.M, Ghazipur is withdrawn and transferred from that court to the court of Additional Sessions Judge / Special Judge (P.C. Act), Varanasi, where S.T No 22 of 2005 is pending, so that both the cases may be decided by the same court.
It would be at the discretion of the trial whether both the cases be tried jointly or separately. The District & Sessions Judge, Ghazipur shall ensure the record of case under section 21/25 Arms Act, PS Muhammabad, Ghazipur, pending before the CJM, Ghazipur is transmitted forthwith to the court of Additional Sessions Judge / Special Judge (P.C. Act), Varanasi, through District & Sessions Judge, Varanasi, for disposal in accordance with law”, the Court ordered.