Rakhi And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 20898 ALL

Citation : 2023 Latest Caselaw 20898 ALL
Judgement Date : 7 August, 2023

Allahabad High Court

Rakhi And 4 Others vs State Of U.P. And Another on 7 August, 2023

Bench: Sanjay Kumar Pachori





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:158064
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 209 of 2023
 

 
Applicant :- Rakhi And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinay Kumar Tripathi,Neha Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

Despite service of notice, none has appeared for opposite party no.2.

The present transfer application has been filed to transfer the Complaint Case No.11666 of 2021 (Ranbiri Devi vs. Rakhi and others), under Section 323, 504, 506 IPC, pending in the court of Civil Judge, (Jr. Div.) F.T.C.Court, Ghaziabad to any competent court of Mathura Judgeship.

Learned counsel for the applicant submits that the applicant no.1 is daughter-in-law of the opposite party no.2. Marriage of the applicant was solemnized with the son of opposite party no.2 on 02.12.2010. It is further submitted that two other cases arising out of matrimonial dispute between the parties are still pending in Mathura Judgeship being Criminal Case No.78 of 2019, under Section 498-A, 323 IPC, pending in the court of Judicial Magistrate/F.T.C., Mathura and Case No. 679 of 2018, under Section Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Mathura.

Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773.

Learned counsel for the opposite party no.2 has vehemently opposed the prayer of this application.

In view of the facts and circumstances of the case, this application is allowed.

The Complaint Case No.11666 of 2021 (Ranbiri Devi vs. Rakhi and others), under Section 323, 504, 506 IPC, pending in the court of Civil Judge, (Jr. Div.) F.T.C.Court, Ghaziabad is transferred to competent court of Mathura Judgeship

Order Date :- 7.8.2023

MAA/-