Hon’ble Allahabad High Court while dealing with the petition here on 11-03-2019 in the case of “Smt. Sarla Gautam v. District Judge, Unnao & Another” stated that power under Section 407 Cr.P.C. can be exercised some question of law of unusual difficulty is likely to arise.

BRIEF FACTS OF THE CASE

A criminal case under Sections 323, 452, 504 and 506 I.P.C. was lodged by one Smt. Vimla Devi which is pending in the court of Chief Judicial Magistrate, Unnao and there was reasonable apprehension in the mind of the applicant that she would not be getting fair trial and justice from the trial court. It was further submitted that one advocate, namely, Ajay Kumar is threatening the applicant to implicate her in a false case.

Thus, having no faith in the court of Chief Judicial Magistrate, Unnao, this application was filed.

DECISION OF THE COURT

Hon’ble court held that power under Section 407 Cr.P.C. can be exercised some question of law of unusual difficulty is likely to arise or it appears that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate or any order is expedient for the ends of justice.

Court further held that there is no cognate reason in this application, thus application was rejected.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7079299