Allahabad High Court
Dinesh Kumar Singh vs State Of U.P. And Another on 22 July, 2021
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 117 of 2021
Applicant :- Dinesh Kumar Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Suresh Kumar Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Suresh Kumar Maurya, learned counsel for the applicant and Sri L.D. Rajbhar, learned A.G.A. for the State.
Notice was sent to opposite party no. 2 which was served through family members, but none appears on behalf of the opposite party no. 2 today.
This application is moved by the applicant-Dinesh Kumar Singh for transfer of proceeding of Case No. 201 of 2017 (Smt. Anju Singh @ Anjali Vs. Dinesh Kumar Singh), under section 125 of Cr.P.C pending in the Court of Principal Family Court, District Mirzapur to either the Principal Family Court, District Allahabad or Principal Family Court, District Bhadohi.
It is alleged that opposite party no. 2 is wife of the applicant and she is living separately. It is further alleged that after marriage opposite party no. 2 has started to harass the applicant under the shed of litigation and she has filed the application under section 12 of Protection of Women from Domestic Violence Act on 19.04.2017 before the Learned Principal Judge Family Court, Mirzapur and she has also moved an application under section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Allahabad on 04.04.2019. It is alleged that opposite party no. 2 has also filed case for Restitution of Conjugal Rights Case No. F-80 of 2019 (Smt. Anju Singh Vs. Sri Dinesh Kumar Singh), under section 9 of Hindu marriage Act on 13.09.2019 in the Court of learned Principal Judge Family Court, Bhadohi. It is further alleged that case under section 9 of Hindu Marriage Act was dismissed vide judgment and order dated 04.03.2020 wherein it was observed that opposite party no. 2 has intentionally dragged the applicant. It is alleged that case under section 13 of Hindu Marriage Act which was pending before the court of Principal Judge Family Court, Bhadohi was decreed vide judgment and order dated 04.03.2020. It is alleged that opposite party no. 2 has associated with the criminals, therefore, he has apprehension of his life to prosecute the proceeding at Mirzapur. It is also alleged that opposite party no. 2 is residing at Allahabad applicant is prayed that case under section 125 Cr.P.C. pending in the Court of Principal Family Court, District Mirzapur be transferred either to the Court of Principal Family Court, Allahabad or Principal Family Court, Bhadohi.
Sri L.D. Rajbhar, learned A.G.A. has vehemently opposed the application and argued that opposite party no. 2 is lady and she has filed case under section 125 Cr.P.C before the Court of Principal Judge Family Court Mirzapur and she is residing there, her address is shown in the application. He further argued that if the case is transfer from Mirzapur to Allahabad or Bhadohi opposite party no. 2 will be harassed in prosecuting the case under section 125 Cr.P.C. So far as, transfer of proceeding under section 125 Cr.P.C. is concerned distance from Allahabad to Bhadohi and Mirzapur is about equal. Applicant is the Executive Officer in Tahsil Campus, Chail, Kushinagar.
In above circumstances, I have no ground to transfer the case, hence Criminal Misc. Transfer Application No. 117 of 2021, under section 407 Cr.P.C. is rejected.
Order Date :- 22.7.2021
Vikram
