Shabbo Nisha vs State Of U.P. And Another
2023 Latest Caselaw 23464 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171625
 
Court No. - 83
 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 299 of 2023
 
Applicant :- Shabbo Nisha
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Parbind Kumar Tiwari
 
Counsel for Opposite Party :- G.A.,Ravi Pratap Narayan Singh
 

 
Hon'ble Sanjay Kumar Pachori,J.

Learned counsel for the opposite party no. 2 has filed counter affidavit today which is taken on record.

Sri Parbind Kumar Tiwari, learned counsel for the applicant and Sri Ravi Pratap Narayan Singh, learned counsel for the opposite party no. 2 and Sri Moti Lal, learned A.G.A. for the State are present.

The present transfer application has been filed to transfer the Case No. 133 of 2023, (Shabbo Nisha Vs. Salman) arising out of under Section 128 of Cr.P.C., pending in the Court of Principal Judge Family Court, Varanasi to any competent court of District Judgeship Jaunpur.

Learned counsel for the applicant submits that the applicant is wife of the opposite party no. 2 and Nikkah was solemnized between the applicant and opposite party no. 2 in the year of 2012. The father of the applicant retired from the service and she lived a parental house resident, i.e., district Jaunpur.

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.

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. 133 of 2023, (Shabbo Nisha Vs. Salman), under Section 128 of Cr.P.C., pending in the Court of Principal Judge Family Court, Varanasi is transferred to the court of district Judgeship Jaunpur.

Order Date :- 25.8.2023/Ishan