Allahabad High Court
Shri Ashutosh Agrawal vs Smt. Sakshi Agrawal on 4 January, 2021
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- TRANSFER APPLICATION (CIVIL) No. - 345 of 2020 Applicant :- Shri Ashutosh Agrawal Opposite Party :- Smt. Sakshi Agrawal Counsel for Applicant :- Shreya Gupta,Ravi Anand Agarwal Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and Sri Pankaj Kumar Ojha, learned counsel for the respondent.
The transfer application has been filed for transferring the Complaint Case No. 1800 of 2020 (Smt. Sakshi Agrawal Vs. Shri Ashutosh Agrawal) under Section 12 of Domestic Violence Act.
A preliminary objection has been raised by learned counsel for the respondent that the present transfer application under Section 24 Cr.P.C., is not maintainable inasmuch as the applicant has sought for transfer of Complaint Case No. 1800 of 2020 which arises out of proceedings under Section 125 Cr.P.C.
Since the transfer application under Section 24 Cr.P.C., is not maintainable as the proceedings arises out of Section 125 Cr.P.C. Therefore, the same is dismissed with liberty to the applicant to file appropriate application before the appropriate court.
Order Date :- 4.1.2021 Jaswant