Smt Nidhi Soni vs State Of U.P. And 3 Others
2023 Latest Caselaw 22639 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167840
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 221 of 2023
 

 
Applicant :- Smt Nidhi Soni
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Kuber Singh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Supplementary affidavit filed today is taken on record.

Sri Kuber Singh Yadav, learned counsel for the applicant and learned A.G.A. for the State are present.

Despite service of notice upon opposite party nos. 2 to 4 none has appeared.

The present transfer application has been filed to transfer the Case No. 202288 of 2022 (State vs. Shivam Kumar Verma and others), under Section 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending in the court of Special Chief Judicial Magistrate, Varanasi to competent court of Jaunpur Judgeship.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. Marriage of the applicant with opposite party no.2 was solemnized on 27.10.2022. It is further submitted that one another case being Case No. 391 of 2023, under section 128 C.P.C. between the parties is pending in the court of Principal Judge Family Court, Jaunpur.

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.

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

Accordingly, this transfer application is allowed.

The Case No. 202288 of 2022 (State vs. Shivam Kumar Verma and others), under Section 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending in the court of Special Chief Judicial Magistrate, Varanasi is transferred to the competent court of Jaunpur Judgeship.

Order Date :- 21.8.2023

MAA/-