Allahabad High Court
Smt. Jagriti Devi vs State Of U.P. & Others on 1 July, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 144 of 2006 Petitioner :- Smt. Jagriti Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- R.V. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
List has been revised. No one appears on behalf of respondent Nos. 2 to 8.
Heard learned counsel for the applicant and learned AGA appearing on behalf of State.
This Transfer application has been filed by the applicantwith a prayer that Criminal Case No.588 of 2005( State of U.P. Vs Ambika Prasad alias Sushil Kumar and others) under Section 498A/323/504/506 IPC read with Section 3/4 Dowry Prohibition Act, Police Station Pippri, District Kaushambi, pending in the court of Judicial Magistrate /Civil Judge (JD) Kaushambi to Allahabad.
Transfer has been sought on the ground that the applicant is the wife. Her husband Ambika Prasad respondent no.3 and other respondents who are his relatives are dangerous criminals and in case the applicant has to go to Kaushambi for prosecuting the case , her life shall be endangered. It has also been stated on behalf of the applicant that another case filed by the respondent no.3 under Section 9 of the Hindu Marriage Act, is pending in the Court of Family Judge, Allahabad and since the respondent no.3 is coming to Allahabad in that case he can conveniently attend Criminal Case No.588 of 2005 also at Allahabad in the event the said case is transferred from Kaushambi to Allahabad Despite being served no counter has been filed on behalf of the respondents controverting the averments made by the petitioner in the affidavit filed in support of her application and thus the averments made by the applicant in her affidavit filed in support of the transfer application are accepted to be correct.
For the aforesaid reason the Transfer application is allowed. Criminal Case No.588 of 2005( State of U.P. Vs Ambika Prasad alias Sushil Kumar and others) under Section 498A/323/504/506 IPC read with Section 3/4 Dowry Prohibition Act, Police Station Pippri, District Kaushambi, pending in the court of Judicial Magistrate /Civil Judge (JD) Kaushambi, is transferred to a court of co-ordinate jurisdiction at Allahabad Let record of Criminal Case No.588 of 2005( State of U.P. Vs Ambika Prasad alias Sushil Kumar and others) under Section 498A/323/504/506 IPC read with Section 3/4 Dowry Prohibition Act, Police Station Pippri, District Kaushambi, pending in the court of Judicial Magistrate /Civil Judge (JD) Kaushambi, be transmitted to the Court of Sessions Judge, at Allahabad within the one month from today.
Order Date :- 1.7.2010 cps