Smt. Sandhya vs Dr. Raj Kumar Gupta
2023 Latest Caselaw 23462 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:172375
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 67 of 2023
 

 
Applicant :- Smt. Sandhya
 
Opposite Party :- Dr. Raj Kumar Gupta
 
Counsel for Applicant :- Anand Pratap Singh,Amit Kumar Singh
 
Counsel for Opposite Party :- Dhirendra Kumar,Lal Mani Singh,Ulajhan Singh Bind
 

 
Hon'ble Sanjay Kumar Pachori,J.

During the court of hearing learned counsel for the applicant is permitted to implead the State of U.P. as opposite party no.2.

Sri Amit Kumar Singh, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State are present. Even in revised call none has appeared for the opposite party no.1.

The present transfer application has been filed to transfer the Case No. 623 of 2022 (Sandhya Devi vs. Dr. Raj Kumar Gupta), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Kushi Nagar to the competent court of Sant Kabir Nagar Judgeship.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.1. Marriage of the applicant was solemnized with opposite party no.1 on 11.02.2004 and the applicant is residing in her parental house.

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. 623 of 2022 (Sandhya Devi vs. Dr. Raj Kumar Gupta), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Kushi Nagar is transferred to the competent court of Sant Kabir Nagar Judgeship.

Order Date :- 25.8.2023

MAA/-