Smt. Dr. Sujata Jauje vs State Of U.P. And 3 Others
2023 Latest Caselaw 18149 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:143712
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 469 of 2022
 

 
Applicant :- Smt. Dr. Sujata Jauje
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Shristi Gupta,Vikas Tripathi
 
Counsel for Opposite Party :- G.A.,Anant Prakash Mishra
 

 
Hon'ble Sanjay Kumar Pachori,J.

During the course of hearing learned counsel for the applicant is permitted to correct the prayer clause of the application.

Sri Vikas Tripathi, learned counsel for the applicant, Sri Anant Prakash Mishra, learned counsel for the opposite party no.2 and Sri Ramesh Kumar Singh, learned A.G.A. for the State are present.

The present transfer application has been preferred to transfer the Case No. 1036 of 2018 arising out of Case Crime No. 171 of 2016, under Sections 498-A, 323, 504, 506 IPC pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Varanasi to any competent court of Judgeship Ghaziabad.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. It is further submitted that the applicant is residing in district Ghaziabad and two other cases between the applicant and opposite party no.2 are also pending in Ghaziabad Judgeship as Complaint Case No. 355 of 2022, under Section 125 Cr.P.C. pending in the court of Principal Judge Family Court, Ghaziabad and Case No. 4925 of 2022, under Section 12 of the Protection of Woman From Domestic Violence Act pending in the court of Additional Civil Judge (Senior Division) Ist, Ghaziabad. It is further submitted that the applicant has two children out of wedlock of opposite party no.2 and she is residing in District Ghaziabad. It is not possible for her to attend the court at Varanasi. 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 and 3 has vehemently opposed the prayer of this application.

In view of the facts and circumstances of the case, this application is allowed.

The case no. 1036 of 2018 arising out of Case Crime No. 171 of 2016, under Sections 498-A, 323, 504, 506 IPC pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Varanasi is transferred to competent court of Ghaziabad Judgeship.

Order Date :- 19.7.2023

MAA/-