Allahabad High Court
Smt. Shashi vs State Of U.P. And Anr. on 22 July, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 317 of 2018 Applicant :- Smt. Shashi Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.,Ray Sahab Yadav,Surendra Kumar Yadav Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant as well as learned AGA and learned counsel for O.P. No. 2.
This application u/s 407 Cr.P.C. has been filed by Smt. Shashi against State of U.P. and another with prayer for transferring Misc. Case Nos. 770 of 2016 and 1238 of 2017, Smt. Shashi Vs. Dharamveer, u/s 125(3) and 126(2) Cr.P.C. from the Court of District & Sessions Judge, Sambhal situated at Chandausi to the Court of Principal Judge, Family Court, Budaun. The ground for transfer has been said that the applicant is residing within the Sessions Division, Budaun. Her case was pending in the Court of Principal Judge, Family Court, Budaun, but owing to creation of Sambhal Judgeship one Tehsil Gunnaur of District Budaun was taken in the Sessions Division Sambhal at Chandausi and that is why Misc. Case Nos. 770 of 2016 and 1238 of 2017, Smt. Shashi Vs. Dharamveer, u/s 125(3) and 126(2) Cr.P.C., which were pending in the Family Court, Budaun, were transferred and are pending in the Court of Sessions Judge, Sambhal at Chandausi, exercising powers of Principal Judge, Family Court. The same is in great inconvenience to the applicant because she is not having maintenance from her husband. Hence, in the above circumstances, prayer for transfer of above mentioned cases from the court of Principal Judge, Family Court, Sambhal at Chandausi, to the Court of Principal Judge, Family Court, Budaun, has been made.
O. P. No. 2 has not filed objection/ counter affidavit to the affidavit filed in support of transfer application and the request of learned counsel for O.P. No. 2 is for time bound disposal of above mentioned cases.
Learned AGA has also no objection.
Admittedly, Principal Judge, Family Court, Budaun, has decided the application u/s 125 Cr.P.C. Now Misc. cases arising out of above application u/s 125 Cr.P.C. are pending before the Sessions Judge, Sambhal at Chandausi. These cases are pending in Sambhal Judgeship because Tehsil Gunnaur has been included in the newly created district Sambhal at Chandausi. The applicant is residing within the area of Sessions Division, Budaun. Hence, in view of residence of deserted feminine the ground for transfer of above mentioned case is sufficient.
Accordingly, the transfer application is allowed. Misc. Case Nos. 770 of 2016 and 1238 of 2017, Smt. Shashi Vs. Dharamveer, u/s 125(3) and 126(2) Cr.P.C. pending the court of Sessions Judge, Sambhal at Chandausi, are transferred to the court of Principal Judge, Family Court, Budaun, with direction for the earliest disposal of above mentioned cases as per law.
District & Sessions Judge, Sambhal at Chandausi, to transmit the records of above mentioned cases to the Court of Principal Judge, Family Court, Budaun, forthwith.
Order Date :- 22.7.2019 Pcl