Ram Sanehi And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 21325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161363
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 549 of 2022
 

 
Applicant :- Ram Sanehi And Another
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Saurabh Kumar Pandey
 
Counsel for Opposite Party :- G.A.,Ram Badan Maurya
 

 
Hon'ble Sanjay Kumar Pachori,J.

Learned counsel for the applicant submits that due to inadvertence the prayer clause has been wrongly mentioned.

Learned counsel for the applicant is permitted to correct the same during the course of hearing.

Sri Saurabh Kumar Pandey, learned counsel for the applicants and Sri Amit Swarup Tiwary, brief holder for the State are present. No one has appeared on behalf of the opposite party no. 2, even in the revised call.

The present transfer application has been filed to transfer the Case No. 1650 of 2018, arising out of Case Crime No. 643 of 2018, (State Vs. Kishanpal and others), under Sections 147, 341, 498-A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Mainpuri to any competent court of District Judgeship Kannauj.

Learned counsel for the applicants submits that the applicant no. 2 is the wife of the opposite party no. 2 and applicant no. 1 is the father of the applicant no. 2. It is further submitted that the marriage of the applicant no. 2 was solemnized with the opposite party no. 2 in the year of 2015 and the applicant no. 2 is residing in her parental house since 05.06.2017. It s further submitted that applicant no. 1 was lodged an F.I.R. against the opposite party nos. 2 to 5 under Sections 147, 341, 498-A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act.

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 Parvej Jafferi, AIR 2009 SC 1773.

In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed.

The instant transfer application is allowed and the Session Trial No. 1650 of 2018, arising out of Case Crime No. 643 of 2018, (State Vs. Kishanpal and others), under Sections 147, 341, 498-A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Mainpuri is transferred to the court of district Judgeship Kannauj.

Order Date :- 9.8.2023

Ishan