Shipra Singh vs State Of U.P. And 3 Others
2023 Latest Caselaw 19253 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:149546
 
Court No. - 83
 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 677 of 2022
 
Applicant :- Shipra Singh
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Satyanand Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Satyanand Tripathi, learned coiunsel for the applicant 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. 6072 of 2022 (State vs. Abhinav Singh Verma and others), under Section 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, District Meerut to any competent court of Ghaziabad judgeship.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. It is further submitted that two other cases, i.e., Case No. 1974 of 2021, under Section 12 of Protection of Woman From Domestic Violence Act is pending in the court of A.C.J.M., Court No.2, Ghaziabad and Case No. 1190 of 2021, under Section 125 Cr.P.C., which is pending in the court of Additional Principal Judge, Family Court, Ghaziabad. 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 to 4 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. 6022 of 2022 (State vs. Abhinav Singh Verma and others), under Section 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, District Meerut is transferred to the competent court of Ghaziabad judgeship.

Order Date :- 26.7.2023/-MAA/-