Tushar Kant Dubey vs State Of U.P. And Another
2023 Latest Caselaw 12867 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 701 of 2022
 

 
Applicant :- Tushar Kant 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. 178 of 2019 under Section 12, Domestic Violence Act, Police Station Banasi, District Siddhar Nagar is pending before Civil Judge(Junior Division) Banasi, Siddarth Nagar. It is also submitted that as per address of applicant mentioned in Gorakhpur Criminal Case under Section 498A, permanent address opposite party No. 2 is Gorakhpur. Opposite party No. 2 is Assistant Teacher in the School of Kastoorba Gandhi situated in Deoria and on the basis of 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. 178 of 2019 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. Respondent No. 2 is not expected to appear on every dates except at the stage of evidence. However, she has to appear in court in case registered under Section 12 of D.V. Act. No specific reason has been disclosed for the case to be transferred, except the ground that case under Section 498-A I.P.C. is pending in Gorakhpur, 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. 178 of 2019 under Section 12, Domestic Violence Act, Police Station Banasi, District Siddhar Nagar is pending before Civil Judge(Junior Division) Banasi, 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.)