Smt. Anandlata Chaudhary vs State Of U.P. And Another
2023 Latest Caselaw 27223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193461
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 493 of 2022
 

 
Applicant :- Smt. Anandlata Chaudhary
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satyaveer Singh,Mahendra Prasad
 
Counsel for Opposite Party :- G.A.,Pawan Kumar Rao
 

 
Hon'ble Sanjay Kumar Pachori,J.

Shri Satyaveer Singh, learned counsel for the applicant and Shri Pawan Kumar Rao, learned counsel for opposite party no. 2 and Shri Ashwini Kumar Rai, learned A.G.A for the State are present.

The present transfer application has been preferred to transfer the Complaint Case No. 2012 of 2018 (Kailash Chandra Vs. Anandlata and others) under Sections 323, 504, 506 of I.P.C. pending in the court of Additional Chief Judicial Magistrate, Kasya, Kushinagar, to any other competent court of district Judgeship, Gorakhpur.

Learned counsel for the applicant submits that the applicant is wife of son of opposite party no. 2. It is further submitted that husband of the applicant has filed divorce petition in the competent court of district Judgeship Gorakhpur which is pending till today. It is further submitted that three other cases which are Case No. 58 of 2019 under Section 125 of Cr.P.C. pending in the court of Principal Judge, Family Court, District- Gorakhpur, Case No. 4291 of 2016 under Section 12 of Domestic violence Act pending in the court of Additional Chief Judicial Magistrate, Court No. 2, District- Gorakhpur and Case No. 11057 of 2017 under Sections 498-A, 452, 323, 504 and 506 of I.P.C pending in the court of Chief Judicial Magistrate, Gorakhpur, are pending between the parties. Learned counsel for the applicant further relied upon the judgment of Apex Court in Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema Vs. Jafri Syed Husain @ Syed Parvej Jafferi, AIR 2009 SC 1773.

Learned counsel for opposite party no. 2 vehemently opposed the prayer and submitted that there is no ground mentioned in the case as per provision of Section 407 of Cr.P.C.

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 Complaint Case No. 2012 of 2018 (Kailash Chandra Vs. Anandlata and others) under Sections 323, 504, 506 of I.P.C. pending in the court of Additional Chief Judicial Magistrate, Kasya, Kushinagar, is transferred to the court of district Judgeship, Gorakhpur.

Order Date :- 5.10.2023

Saurabh