Sapna Soni vs State Of U.P. And 3 Others
2023 Latest Caselaw 23194 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171332
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 666 of 2022
 

 
Applicant :- Sapna Soni
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Brijesh Kumar Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Brijesh Kumar Verma, learned counsel for the applicant and Sri Karunakar Singh, 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 Criminal Case No. 223514 of 2022 (State vs. Vishal Seth and others), under Section 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, pending in the court of A.C.J.M. VII, Varanasi to the competent court of Jaunpur Judgeship.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. The marriage of the applicant with opposite party no.2 was solemnized on 19.02.2022. It is further submitted that another case being Case No. 822 of 2023, under Section 125 Cr.P.C. is pending in the court of Principal Judge, Family Court, Jaunpur between the parties.

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 nos.2 to 4 has vehemently opposed the prayer of this application.

In view of the facts and circumstances of the case grounds are sufficient and the present transfer application is allowed.

The Criminal Case No. 223514 of 2022 (State vs. Vishal Seth and others), under Section 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, pending in the court of A.C.J.M. VII, Varanasi is transferred to the competent court of Jaunpur Judgeship

Order Date :- 24.8.2023

MAA/-