Smt. Khurshida And Others ... vs State Of Uttarakhand And Others
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Uttarakhand High Court

Smt. Khurshida And Others ... vs State Of Uttarakhand And Others on 4 September, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  HIGH COURT OF UTTARAKHAND AT NAINITAL
            Criminal Transfer Application No. 28 of 2025

 Smt. Khurshida and Others                                     ........Applicants

                                     Versus

 State of Uttarakhand and Others                           ........Respondents

 Present:-
        Mr. Kaushal Sah Jagati, Advocate for the applicants.
        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

applicants seek transfer of Criminal Case No.2424 of 2022, State Vs.

Meraj Hussain and Others ("the case"), pending in the court of the

Family Court, I Judicial Magistrate, Haldwani, District Nainital, to

place like Kashipur, District Udham Singh Nagar or Ramnagar,

District Nainital, or at any other place.

2. Heard learned counsel for the parties and perused the

record.

3. The case is based on an FIR lodged by the respondent

no.4, Smt. Aaliya Yusuf, against the applicants and others, under

Section 323,498-A, 504, 506 IPC and Section ¾ of the Dowry

Prohibition Act, 1961, which is lodged as FIR No.348 of 2021, Police

Station Bhanbhulpura, District Nainital. After investigation,

chargesheet has been submitted and cognizance taken, which is the

basis of the case.

4. It is the case of the applicants that the entire case is

false; the father of the respondent no.4 is a Senior Practising Advocate

at Haldwani; therefore the applicants fear for their life and believe that

they will not get the fair trial in the present jurisdiction due to the

influence of the respondent no.4 and her associates.

5. The applicants have also enclosed the order sheet of the

case, which reveals that, in fact, the applicant no.1, Smt. Khurshida,

is not appearing in the case, and Non-Bailable Warrants and notices to

her sureties have also been issued. Record also reveals that, in fact,

earlier the applicants had filed C482 No. 2290 of 2022, Mairaj Husain

and others Vs. State of Uttarakhand and others, which was dismissed

on 22.02.2023, and the Court had then observed that, "While,

dismissing this C482 Application on its own merit, a liberty is left

open for the applicants to surrender before the learned Court of

Addl. Chief Judicial Magistrate, Haldwani, District

Nainital..............".

6. Transfer of a criminal case may not be resorted to on

mere asking. There are various factors, which are to be considered

before any criminal case is transferred. The relevant provisions are

under Section 447 of the BNSS.

7. What is alleged in the instant case is that the father of

the respondent no.4 is a Senior Advocate, hence the applicants

apprehends that they may not get fair trial. This apprehension has no

basis. Therefore, there is no reason to transfer the case at this stage.

Accordingly, the criminal transfer application deserves to be

dismissed.

8. The instant transfer application is dismissed.

(Ravindra Maithani, J) 04.09.2025 Ravi Bisht