Allahabad High Court
Mohd. Shafi-Ur-Rehman Khan @ Ibadur ... vs State Of U.P. & Others on 1 February, 2010
Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 40 of 2010 Petitioner :- Mohd. Shafi-Ur-Rehman Khan @ Ibadur Rehman Khan Respondent :- State Of U.P. & Others Petitioner Counsel :- Subhash Gosain Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, and the learned AGA for the State- respondent.
The present transfer application has been field for transferring the case no.286 of 2008, Smt. Razia Hilal Khan Vs. Shafi Ur Rehman Khan, under Section 125 Cr.P.C. from the Court of Principal Judge, Family Court, Allahabad to the Court of competent jurisdiction at district Farrukhabad. It is contended by the learned counsel for the applicant that the applicant, who is husband of opposite party no.2 and on the basis of illegal advice given by the brother of opposite party no.2, who is legal practitioner at Allahabad, the present proceeding has been initiated at Allahabad. It is thus contended that the Court at Allahabad do not have jurisdiction. Learned AGA has contended that the applicant has remedy for moving the application before the Principal Judge, Family Court, Allahabad for redressal of his grievance.
The applicant has remedy open to him by filing an appropriate application as per law before the Judge, Family Court, Allahabad and if such application is filed, this Court does not have any doubt that the same shall be decided as per law, expeditiously.
In view of the aforesaid directions, the transfer application is disposed of. Order Date :- 1.2.2010 Hasnain