Allahabad High Court
Neha Mishra Now Tripathi vs State Of U.P. And Ors. on 7 July, 2022
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 54 of 2021 Applicant :- Neha Mishra Now Tripathi Opposite Party :- State Of U.P. And Ors. Counsel for Applicant :- Girijesh Kumar Dwivedi,Durga Prasad Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Durga Prasad, learned counsel for the applicant, Sri Divakar Singh, learned A.G.A. for the State and perused the material on record.
Despite the notice upon opposite party no. 2 to 4, none has appeared.
Present transfer application under Section 407 Cr.P.C. has been filed by the applicant to transfer the Criminal Case No. 6941 of 2020 (State Vs. Vijay Shanker Tripathi and others) arising out of Case Crime No. 0001/2020 under Sections 498-A, 323, 504 and Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District Raebareli pending in the Court of Civil Judge, (Junior Division)-IX Raebareli to the competent court at Chitrakoot.
Brief facts of the case are that the first information report dated 7.1.2020 has been lodged against the opposite party no. 2 to 4 by the present applicant in Police Station-Mahila Thana, District Raebareili. At the time of lodging the first information report the applicant was residing in her matrimonial house at District Raibareli. After lodging of the FIR the applicant is living at Chitrakoot in her parental house. The opposite party No. 2 has filed the divorce petition under Section 13 of Hindu Marriage Act against the present applicant as Case No. 246 of 2020 in the Court of Principal Judge, Family Court, Raebareli on 12.10.2020. The aforesaid divorce petition has been transferred by a coordinate Bench of this Court on 23.6.2021 to Family Court-Chitrakoot and two other cases under Section 125 Cr.P.C. and Section 12 of Domestic Violence Act have been filed by the present applicant in the District Court, Chitrakoot which are also pending there. The applicant has no livelihood and independent source of income to visit at Raebareli at a distance of about 150 kms. from Chitrakoot. The applicant has no other place of stay in Raebareli and there is much threat to her life. In these circumstances the applicant is unable to attend the court at Raibareli in the present case. The opposite party No.2 is an Engineer in Toronto Power Ltd., Agra and is getting the salary of about 40,000/- rupees per month.
Learned counsel for the applicant submits that the applicant is a poor lady. Her marriage was solemnized on 29.4.2018 with the opposite party No.2. It is further submitted that the parental house of the applicant is situated at city Chitrakoot and it is convenient for her to attend the Court at Chitrakoot. It is further submitted that three other cases against the opposite party No. 2 are also pending there.
In view of the above facts and circumstances of the case and keeping in mind the settled position of law, the present case is liable to be transferred to District Court, Chitrakoot from District Court Raibareli.
The present application is allowed.
The Criminal Case No. 6941 of 2020 (State Vs. Vijay Shanker Tripathi and others) arising out of Case Crime No. 0001 of 2020, under Section 498-A, 323, 504 and Section 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, District Raibareli pending in the court of Additional Civil Judge, (J.D.) IX Raibareli, is transferred to appropriate/competent court at Chitrakoot.
Order Date :- 7.7.2022 Manish Tripathi