Smt. Chanchal And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 25334 ALL

Citation : 2023 Latest Caselaw 25334 ALL
Judgement Date : 19 September, 2023

Allahabad High Court

Smt. Chanchal And 2 Others vs State Of U.P. And Another on 19 September, 2023

Bench: Sanjay Kumar Pachori





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:184501
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 685 of 2022
 

 
Applicant :- Smt. Chanchal And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manu Pathak,Deepak Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri R.K.Srivastava, Advocate holding brief of Sri Deepak Kumar Singh, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

Despite service of notice, none has appeared for opposite party nos. 1 to 5.

The present transfer application has been filed to transfer the Complaint Case No. 478 of 2018 (Yogesh vs. Chanchal), under Section 406 IPC pending in the court of Additional Chief Judicial Magistrate, Anoop Shahar, District Bulandshahr to any competent court of Aligarh Judgeship.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. The case is arising out of matrimonial dispute. It is further submitted that three other cases relating to matrimonial dispute are pending in the competent court of Aligarh Judgeship Judgeship, i.e., one Case is under Section 498A, 323, 504, 506, 452, 427 IPC, second case is Case No. 379 of 2019, under Section 125 Cr.P.C and the third case is Case No. 708 of 2019, under Section 12, 17, 18, 19, 20, 22, and 23 Domestic Violence Act .

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.

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

The Complaint Case No. 478 of 2018 (Yogesh vs. Chanchal), under Section 406 IPC pending in the court of Additional Chief Judicial Magistrate, Anoop Shahar, District Bulandshahr is transferred to competent court of Aligarh Judgeship.

Order Date :- 19.9.2023

MAA/-