Smt. Ravita Rani vs State Of U.P. And Another
2023 Latest Caselaw 22340 ALL

Citation : 2023 Latest Caselaw 22340 ALL
Judgement Date : 18 August, 2023

Allahabad High Court

Smt. Ravita Rani vs State Of U.P. And Another on 18 August, 2023

Bench: Sanjay Kumar Pachori





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166303
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 377 of 2023
 

 
Applicant :- Smt. Ravita Rani
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Girish Kumar Yadav
 
Counsel for Opposite Party :- G.A.,Madan Ji Pandey
 

 
Hon'ble Sanjay Kumar Pachori,J.

Shri Girish Kumar Yadav, learned counsel for the applicant, Shri Umesh Chand Verma, learned A.G.A. for the State and Shri Madan Ji Pandey, learned counsel for the opposite party No. 2 are present.

Present Transfer Application has been filed to transfer the criminal case No. 85 of 2022 (State Vs. Jitendra and others) arising out of Case Crime No. 527 of 2021, under Sections 498-A, 323, 506, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Thakurdwara, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad to any other competent court of District Judgeship Rampur.

Learned counsel for the applicant submits that the applicant is wife of opposite party No. 2. It is further submitted that the marriage of the applicant was solemenized with the opposite party No. 2 on 1.4.2014 and two children were born out of the said wedlock. It is further submitted that another case between the parties as Case Crime No. 420 of 2023, under Sections 120-B, 323, 494, 504, IPC is pending in the court of Chief Judicial Magistrate, Rampur.

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 criminal case No. 85 of 2022 (State Vs. Jitendra and others) arising out of Case Crime No. 527 of 2021, under Sections 498-A, 323, 506, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Thakurdwara, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad is transferred to the competent court of District Judgeship Rampur.

Order Date :- 18.8.2023

T. Sinha