Uttarakhand High Court
Hina Parveen vs State Of Uttarakhand And Another on 21 August, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Transfer Application No.07 of 2024
Hina Parveen ..........Applicant
Vs.
State of Uttarakhand and another ............. Respondents
Present : Mr. Ghanshyam Joshi, Advocate for the applicant.
Mr. Virendra Singh Rawat, AGA for the State/respondent no.1.
Mr. Prince Chauhan, Advocate for respondent no.2.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant criminal transfer application,
filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita,
2023 ("BNSS, 2023"), the applicant seeks transfer of Criminal Case
No.847 of 2022, State of Uttarakhand Vs. Javed, under Section
498-A IPC, Section 3/4 of the Dowry Prohibition Act, 1961 and
Section 3/4 of the Muslim Women (Protection of Rights on
Marriage) Act, 2019 ("the case"), from the court of Judicial
Magistrate Jaspur, District Udham Singh Nagar to the court of
Judicial Magistrate, Dehradun.
2. Heard learned counsel for the parties and perused the
record.
3. Learned counsel for the applicant submits that the
applicant is staying in Dehradun; she has lodged an FIR at Police
Station Jaspur, therefore, the case is pending at the court at
Jaspur, District Udham Singh Nagar. It is submitted that the
private respondents is also resident of Dehradun. Therefore, it
would be convenient to the parties and the witnesses that the trial
of the case may be transferred to the court of Judicial Magistrate,
Dehradun.
4. Learned counsel for the private respondent would
submit that when the FIR was lodged, the applicant was the
resident of Jaspur, District Udham Singh Nagar.
5. The transfer of the criminal cases should not be easily
resorted to. The condition to such transfer has been given under
Section 447 of the BNSS, 2023. If transfer may tend to general
convenience of the parties or witnesses or it is expedient for the
ends of justice, such transfer order may be passed. In the instant
case, it is the case of the applicant that she is staying in Dehradun
and the private respondent is also resident of Dehradun. In such a
situation, definitely, it would be to the general convenience of the
parties or witnesses and also expedient for the ends of justice if the
case is transferred from the court of Judicial Magistrate Jaspur,
District Udham Singh Nagar to the court of Chief Judicial
Magistrate, Dehradun. Therefore, the criminal transfer application
is allowed.
6. The criminal transfer application is allowed.
7. Criminal Case No.847 of 2022, State of Uttarakhand
Vs. Javed is transferred from the court of Judicial Magistrate
Jaspur, District Udham Singh Nagar to the court of Chief Judicial
Magistrate, Dehradun.
8. Let a copy of this order be sent to both the courts.
(Ravindra Maithani, J.)
21.08.2025
Sanjay
SANJAY
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=e50e50b49596520698eff87e0a08bb
d504686df4d1afc60f54a287831dec46fe,
KANOJIA
postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255D
D8EC450A84B515A087CAEFD1B3179A7DEAE
40699, cn=SANJAY KANOJIA
Date: 2025.08.25 17:03:36 +05'30'
