Allahabad High Court
Tushar Khat Dubey vs State Of U.P. And Another on 26 April, 2023
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 707 of 2022
Applicant :- Tushar Khat Dubey
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mukesh Dhar Dwivedi
Counsel for Opposite Party :- G.A.,Tripurari Sharan Shukla
Hon'ble Mrs. Renu Agarwal,J.
Learned counsel for the applicant, learned A.G.A. and learned counsel for the opposite party are present.
This transfer application has been filed by Tushar Kant Dubey, husband of opposite party No. 2.
Learned counsel for the applicant submitted that this transfer application has been filed on the ground that Criminal Case bearing No. 4041 of 2020, arising out of crime no. 45 of 2019 under Section 498A IPC and 3/4 D.P. Act Police Station Shahpur District Gorakhpur, is pending in the Court of Civil Judge(Senior Division)/FTC Gorakhpur and Criminal Case bearing No. 287 of 2019 under Section 125 Cr.P.C., Police Station Banasi, District Siddhar Nagar is pending before Pricipal Judge Siddarth Nagar. It is also submitted that as per address of applicant mentioned is Gorakhpur and Criminal Case under Section 498A, permanent address of opposite party No. 2 is Gorakhpur. Opposite party No. 2 is Assistant Teacher in the School of Kastoorba Gandhi situated in Deoria and due to the distance between Gorakhpur and Deoria, it is also convenient for her to attend the Court in Gorakhpur instead of Siddharth Nagar. Hence, it is prayed to transfer the Criminal Case bearing No. 287 of 2019 under Section 125 Cr.P.C. from Siddharth Nagar to Gorakhpur.
On the contrary learned counsel for the opposite party No. 2 submitted that Criminal Case No. 45 of 2019 was lodged in Gorakhpur when she was being tortured in Gorakhpur. Applicant did not appear in the concerned case. No specific reason has been disclosed for the case to be transfered, however, opposite party No. 2 is lady and it is her convenience to be seen at the time of transfer of the case. Learned counsel for the opposite party No. 2 relied upon the judgment of Apex Court in the matter of Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi: 2005 LawSuit(SC) 302. He submitted that application of transfer is liable to be rejected.
I have considered the submissions advanced by learned counsel for the parties and perused the record.
Criminal Case No.45 of 2019 under Section 498A IPC and 3/4 D.P. Act Police Station Shahpur District Gorakhpur is pending in the Court of Civil Judge(Senior Division)/FTC Gorakhpur and the Criminal Case bearing No. 287 of 2019 under Section 125 Cr.P.C., Police Station Banasi, District Siddhar Nagar is pending before Pricipal Judge Siddarth Nagar, which is the home address of the applicant, but applicant did not appear in the said case despite service and the case is not contested. Opposite party No. 2 is lady and is working as Assistant Teacher in Deoria, therefore, it is not workable for opposite party No. 2 to attend her job at Deoria as well as attend the Court in Gorakhpur. No plausible reason has been given in the transfer application besides the reason that the Criminal Case No.45 of 2019 under Section 498A IPC and 3/4 D.P. Act is pending in Gorakhpur. Therefore, under such circumstances, the transfer application is rejected.
Order Date :- 26.4.2023
ADY
(Renu Agarwal,J.)
