Allahabad High Court
Smt. Shivani Singh Alias Juhi Singh vs State Of U.P. And 3 Others on 28 April, 2022
Author: Anil Kumar Ojha
Bench: Anil Kumar Ojha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 209 of 2021 Applicant :- Smt. Shivani Singh Alias Juhi Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Savita Dubey,R S Dubey Counsel for Opposite Party :- G.A.,Shiv Ram Dubey Hon'ble Anil Kumar Ojha,J.
Case called out in the revised list.
Heard learned counsel for the applicant, learned counsel for the O.P. Nos. 2 to 4, learned A.G.A. for the State and perused the record.
Applicant has moved this Transfer Application to transfer Criminal Case No. 3953 of 2019 (State Vs. Prince Pal & Others) arising out of Case Crime No. 118 of 2019 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Lalaganj, District Basti pending in the Court of Chief Judicial Magistrate, Basti from Basti to Court of competent jurisdiction at District, Gorakhpur.
Submission of learned counsel for the applicant is that case, sought to be transferred, is result of matrimonial discord and applicant is wife therein. On 15.03.2021, father of applicant went to District, Gorakhpur to do pairvi and there in court premises, O.P. Nos. 2 to 4 committed marpeet with him and gave threatening to withdraw the case. Father of applicant is very old person and he is unable to attend the court proceedings at District, Basti. She has no source of income and totally dependent upon her father. Due to financial constrains, applicant may not contest this case at District Basti.
Per-contra, learned counsel for the O.P. No. 2 opposed the Transfer Application.
Learned A.G.A. did not oppose the Transfer Application.
Considering the entire facts and circumstances of the case, it would be appropriate to transfer Criminal Case No. 3953 of 2019 (State Vs. Prince Pal & Others) arising out of Case Crime No. 118 of 2019 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Lalaganj, District Basti pending in the Court of learned Chief Judicial Magistrate, Basti from District Basti to District Gorakhpur.
Accordingly, this Transfer Application deserves to be allowed and is accordingly allowed.
District Judge, Basti is directed to transmit record of aforesaid case to District Judge, Gorakhpur within two weeks from the date of production of copy of this order before him who in turn shall assign the aforesaid case to the court of competent jurisdiction.
Office to communicate this order to District Judge, Gorakhpur as well as District Judge Basti through FAX and Email for necessary information and compliance.
Order Date :- 28.4.2022 A. Mandhani