Shiv Prakash Sharma vs State Of U.P. And 5 Others
2023 Latest Caselaw 23380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171563
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 161 of 2023
 

 
Applicant :- Shiv Prakash Sharma
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Deepak Sharma
 
Counsel for Opposite Party :- G.A.,Niraj Kumar Sharma
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Deepak Sharma, learned counsel for the applicant and Sri Niraj Kumar Sharma, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present transfer application has been filed to transfer the Case No. 37 of 2018, (State Vs. Avnish Sharma and Others) arising out of Case Crime No. 763 of 2014, (State Vs. Avnish Sharma and others), under Sections 498-A, 323, 504, 506, 427 of I.P.C. and Section 3/4 of Dowry Prohibition Act, pending in the Court of Judicial Magistrate, Court No. 37, Jaunpur to any competent court of District Judgeship Allahabad.

Learned counsel for the applicant submits that the applicant lodged an F.I.R. in the above noted case. It is further submitted that the marriage of the daughter of the applicant was solemnized with the opposite party no. 2 in November, 2013. It is further submitted that two other cases between the daughter of the applicant and the opposite party no. 2 are pending in the Court of Allahabad Judgeship as Execution Case No. 439 of 2020, under Section 31 of The Protection of Women from Domestic Violence Act, pending in the Court of Additional Civil Judge (Junior Division), Allahabad and Execution Case No. 84 of 2019, under Section 128 of Cr.P.C. pending in the Court of Principal Judge Family Court No. 5, Allahabad.

Learned counsel for the applicant has relied upon the judgment of the Supreme Court in case 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.

Learned counsel for the opposite party nos. 2 to 6 vehemently opposed the prayer. However, learned counsel for the opposite party nos. 2 to 6 submits that two other cases are pending in the Court of Allahabad judgeship.

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 Case No. 37 of 2018, (State Vs. Avnish Sharma and Others) arising out of Case Crime No. 763 of 2014, under Sections 498-A, 323, 504, 506, 427 of I.P.C. and Section 3/4 of Dowry Prohibition Act, pending in the Court of Judicial Magistrate, Court No. 37, Jaunpur is transferred to the court of district Judgeship Allahabad.

Order Date :- 25.8.2023

Ishan