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2025 DAILYLAW 102825 (ALL)

SHIKHA SINGH v. State of UP AND ANOTHER

TACR/608/2024 · 2025-04-21

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59943 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 608 of 2024 Applicant :- Shikha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Criminal Revision No. 17 of 2024, titled Jitendra Singh Vs. State of U.P., arising out of Case No. 2571 of 2023, under Section 156(3) Cr.P.C., Police Station Sirsaganj, District Firozabad, pending before the Additional Sessions Judge, Firozabad to Lucknow. Learned counsel prays for transfer of the criminal revision no.17 of 2024 from Firozabad to Lucknow on the ground that the wife is sought to be falsely implicated by husband-opposite party no.2. Learned counsel submits that the application filed by opposite party no.2, under Section 156(3) Cr.P.C. stands dismissed by Additional Chief Judicial Magistrate, Shikohabad, Firozabad vide order dated 17.11.2023 and the said order is under challenge before the revisional court. During the course of hearing, it is not disputed by learned counsel for the applicant that the applicant-wife is represented by a lawyer. Considering the nature of the revision petition, it cannot be said that the applicant is facing any prosecution and since her interest is protected by a lawyer representing her, therefore, this Court does not find any ground for transfer of the case, which even does not require the personal appearance of the applicant. The application is dismissed. Order Date :- 22.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad