Varsha Khare vs State Of U.P. And Another
2023 Latest Caselaw 19231 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148930
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 700 of 2022
 

 
Applicant :- Varsha Khare
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashok Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Shri Ashok Kumar Yadav, learned counsel for the applicant and Shri Umesh Chand Verma, learned A.G.A. for the State are present. Despite service of notice upon opposite party No. 2 by refusal, none appears on his behalf.

Present Transfer Application has been filed to transfer the criminal case No.3399 of 2018, arising out of case crime No. 57 of 2018, under Sections 354, 504, IPC, Police Station Talbehat, District Lalitpur, pending in the court of Civil Judge (Junior Division)/FTC, Lalitpur to any other competent court of District Judgeship Jhansi.

Learned counsel for the applicant submits that the opposite party No. 2 is father-in-law of the applicant. The applicant is first informant of the above noted case. It is further submitted that the other case arising out of case crime No. 59 of 2017, under Sections 498-A, 323, IPC and Section 3/4 of Dowry Prohibition Act is also pending in the competent court of District Jhansi.

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 Parvej Jafferi, AIR 2009 SC 1773.

In view of the above, the present transfer application is allowed and the criminal case No.3399 of 2018, arising out of case crime No. 57 of 2018, under Section 354, 504, IPC, Police Station Talbehat, District Lalitpur, pending in the court of Civil Judge (Junior Division)/FTC, Lalitpur is transferred to the competent court of District Judgeship Jhansi.

Order Date :- 26.7.2023

T. Sinha