Allahabad High Court
Reena And 3 Others vs State Of U.P. And Another on 28 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 642 of 2022 Applicant :- Reena And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Om Prakash Tripathi,J.
None present on behalf of opposite party no.2 even in the revised call.
Heard learned counsel for the applicants and learned AGA for the State.
This transfer application has been moved by the applicants with a prayer to transfer Complaint Case No.128 of 2022 (Sangeeta vs. Reena and others) under Sections 504, 406, 506 IPC, Police Station Bahjoi, District Chandausi, pending in the court of Civil Judge (SD), Sambhal at Chandausi to District court Kasganj.
It is submitted that opposite party no.2 is sister-in-law (nand) of applicant no.1. Case under Sections 498A IPC, 125 CrPC and others are pending in the court of Kasganj and with intend to harass the applicants, this case has been instituted in Sambhal at Chandausi. One case is also instituted at Budaun. Applicant no.1 is the lady and feeling inconvenient in attending the court in Sambhal at Chandausi.
Grounds for transfer the Complaint Case No.128 of 2022 is sufficient.
Accordingly, this transfer application is allowed.
Complaint Case No.128 of 2022, pending in the court of Civil Judge (SD), Sambhal at Chandausi is recalled and transferred to the court of Chief Judicial Magistrate, District Kasganj. CJM, Kasganj is free to transfer the case to the court having competent jurisdiction.
Copy of this order be sent to the District Judge, Sambhal at Chandausi and Kasganj for compliance.
Order Date :- 28.1.2023 Priya