Tallukdar Singh vs The State Of U.P And Anr.
2013 Latest Caselaw 2153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 407 CR.P.C. No. - 47 of 2013
 

 
Petitioner :- Tallukdar Singh
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Prashansa Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J. 

Gist of the issue is that an application under Section 125 Cr.P.C. has been filed by respondent no.2 against the petitioner. The petitioner seeks transfer of the criminal case No.42 of 2009 from the court of Principal Judge, Faizabad to any other court having competent jurisdiction in Sessions Division Sultanpur or any other adjoining Sessions Division.

The ground for transfer as made out is that the petitioner was kidnapped by the respondent Smt. Karodpati Singh and Harikesh Singh, son of Smt. Karodpati Singh. Sale-deed has also been got executed under coercion.

I find that application under Section 125 Cr.P.C. was filed on 16.3.2009. Proceedings have continued till date. Allegedly, the wife and son of the petitioner kidnapped the petitioner and got signatures on a sale-deed.

If offence of kidnapping was committed, as has been pleaded, the crime should have been reported, which has not been done.

Be that as it may, let a report from the police be sought as to whether the petitioner was kidnapped by Smt. Karodpati Singh and Harikesh Singh or not, as asserted by learned counsel for the petitioner.

List after six weeks.

There is no stay of proceedings in this case.

Let a copy of this order be conveyed to the lower court through Registrar of this court, so that proceedings may go on.

Order Date :- 15.5.2013

A.Nigam