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Under Article 142 of the Constitution of India, Court has Right to Exercise its power to Hand Over Custody: Supreme Court of India

In exercise of power under Article 142 of the Constitution of India, directing, to handover custody to the State of Uttar Pradesh, within a period of two weeks. The honorable judgement was passed by Supreme Court of India in the case of State of U.P. v. Jail Superintendent (Ropar)&Ors [WRIT PETITION (CRIMINAL) NO.409 OF 2020] by The Hon’ble R. Subhash Reddy.

This Writ Petition is filed under Article 32 of the Constitution of India, read with Section 406 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the State of Uttar Pradesh, seeking Writ of Mandamus, seeking appropriate directions, directing the respondent-State of Punjab and the Learned Judicial Magistrate-I, Mohali, 1W.P.(Crl.) No.409 of 2020, etc. State of Punjab, to transfer the criminal proceedings to the Court of Special Judge, Allahabad, Uttar Pradesh and with a further direction to the Respondent Nos.1 and 2 to handover the custody of the accused / 3rd Respondent from Roopnagar Jail, District Ropar, Punjab to District Jail Banda, Uttar Pradesh. It is the case of the petitioner-State that in view of the conspiracy, hatched by the accused / 3rd Respondent, is registered against the 3rd Respondent for the offences punishable under Sections 386 & 506 of the IPC on the file of Police Station Mathaur, District Mohali, State of Punjab.

It was stated that the said case was registered in view of the complaint of Mr. Umang Jindal, C.E.O., Homeland Hights, Mohali, Punjab, where it was alleged that there was a call from Mobile No.6390407709, demanding ransom of Rs.10 crores. As per the information, the accused / 3rd Respondent had called him on 07.01.2019, as such, the case was registered and he was taken into custody in connection with the said case in connection with the said case, he wasn’t arrested. While referring to his political background, it was stated that he has come from a respectable family and in view of political rivalry, there had been several attempts on his life on multiple occasions.

The Writ Petition is allowed in part stating that, “This petition, filed under Article 32 of the Constitution of India / Section 406 of the Code of Criminal Procedure, 1973,The relief, sought for transfer of the case, in terms of of Para-26(A) of this petition is not granted, inasmuch as the case in Crime No.05 of 2019, on the file of Police Station Mathaur, District Mohali, Punjab, is at the stage of investigation, as such, Section 406 of the Cr.P.C. cannot be pressed into service. In exercise of power under Article 142 of the Constitution of India, we issue directions, directing the Respondent Nos.1 & 2, to handover custody of the 3rd Respondent to the State of Uttar Pradesh, within a period of two weeks from today, so as to lodge him in District Jail, Banda in the State of Uttar Pradesh.

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