Uttarakhand High Court
Deepali Bajwa Gupta vs State Of Uttarakhand And Another on 4 September, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Transfer Application No. 33 of 2025
Deepali Bajwa Gupta ........Applicant
Versus
State of Uttarakhand and Another ........Respondents
Present:-
Mr. Devang Dobhal, Advocate for the applicant.
Mr. V.S. Rawat, A.G.A. for the State.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant application under Section 447 of
the Bhartiya Nagrik Suraksha Sanhita, 2023 ("the BNSS"), the
applicant seeks transfer of Criminal Case No.70 of 2023, Deepali
Bajwa Gupta and Another Vs. Aneep Gupta ("the case"), pending in
the court of the Principal Family Judge, Dehradun, to another judge
of Family Court, District Dehradun.
2. Heard learned counsel for the parties and perused the
record.
3. Learned counsel for the applicant submits that the
applicant has filed an application under Section 125 of the Code of
Criminal Procedure, 1973, seeking maintenance, in which affidavit to
examination in chief has also been filed by the applicant, but till date,
she has not been cross-examined, and on 01.08.2025, the court had
directed the applicant to come along with her son. It is argued that on
the one hand, interim maintenance application has not been decided,
and on the other hand, such order has been passed directing the
applicant to bring her son also on the next date of hearing; these
circumstances has compelled the applicant to seek transfer of the case
to some other court.
4. Under Section 447 of the BNSS, a criminal case may be
transferred provided the conditions laid down therein are satisfied. The
order sheet of the case is filed by the applicant. It is true that the case
is pending for a long, but it is not that the applicant has not sought
any adjournment. The order dated 20.09.2024 reveals that, in fact, on
that date when adjournment was sought by the other party, it was
allowed subject to Rs.500 cost. On 18.01.2025, the applicant did file
affidavit in her examination in chief. Thereafter, on the next date, the
applicant herself remained absent, and her adjournment was allowed
subject to cost. On the next date also, adjournment was sought by the
applicant, which was allowed, and the next date was fixed for
22.02.2025. Thereafter also, adjournments were sought by both the
parties.
5. It is true that on 01.08.2025, the court had directed the
applicant to bring her son also on the next date of hearing, but this
may not be a ground to transfer the case. If the applicant is aggrieved
by any order, it may be challenged before appropriate forum. Insofar
as disposal of interim maintenance application is concerned, it may be
pressed before the court below. In cases pertaining to maintenance, it
is always expected of that if any interim maintenance application is
filed, it is disposed of before proceeding further.
6. Having considered, this Court does not see any reason to
transfer the case. Accordingly, the instant transfer application
deserves to be dismissed.
7. The instant transfer application is dismissed.
(Ravindra Maithani, J)
04.09.2025
Ravi Bisht
