Allahabad High Court
Rohit Kumar Sharma And 2 Others vs State Of U.P. . And Another on 18 August, 2023
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:166851 Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 110 of 2023 Applicant :- Rohit Kumar Sharma And 2 Others Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Santosh Kumar Gupta Hon'ble Sanjay Kumar Pachori,J.
Rejoinder affidavit filed today is taken on record.
Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri K.K.Gupta, Advocate holding brief of Sri S.K.Gupta, learned counsel for the opposite party no.2 and Sri Moti Lal, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Case No. 98 of 2022, under Section 498-A, 323, 506 IPC and Section 3/4 D.P. Act, pending in the court of Civil Judge (Junior Division) Fast Track Court, Sambhal at Chandausi to any adjoining Judgeship.
Learned counsel for the applicant submits that the applicant no.1 is husband of opposite party no.2. Marriage of applicant no.1 and opposite party no.2 was solemnized on 02.07.2018. It is further submitted that the opposite party no.2 is a practicing Advocate in district court Sambhal. The applicants are on bail. The applicants engaged an Advocate for doing pairavi in the above noted case but he has withdrawn his Vakalatnama from the case.
It is further submitted by the learned counsel for the applicant that the applicant no.1 has moved an application to the Superintendent of Police, Sambhal that on 07.10.2022 he has come to Chandausi from Ghaziabad in connection with his case U/s 12 of the Protection of Woman From Domestic Violence Act and three unknown persons stopped him and threatened with dire consequences. Again on 03.11.2022 applicant made a reminder to the Superintendent of Police, Sambhal. The applicant has apprehension of danger to his life.
Learned counsel for the applicant further submitted that two other cases, being Case No. 178 of 2022, under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Sambhal and Case No. 99 of 2022, under Section 12 of the Protection of Woman From Domestic Violence Act, pending in the court of Judicial Magistrate/F.T.C. court Sambhal, are pending between the parties in Sambhal Judgeship. The applicant has also moved an application before the Judicial Magistrate with regard to his apprehension. It is further submitted that the distance between the residence of applicant to the Sambhal District Court is 170 Kms.
Learned counsel for the opposite party no.2 has vehemently opposed the prayer of this application and submits that there is no mention about withdrawal of the Vakalatnama of the counsel in the district court.
This transfer application has no merit and deserves to be dismissed.
Accordingly, this transfer application is dismissed.
Order Date :- 18.8.2023 MAA/-