Neutral Citation No. - 2025:AHC:58713 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 627 of 2024 Applicant :- Raveesh Narayan Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.,Manish Pandey,Mritunjay Verma Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 407 of Criminal Procedure Code seeking transfer of Complaint No.1412 of 2023, titled Smt. Sakshi @ Neha vs. Dr. Raveesh Narayan Agrawal and others, under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station- Chandausi, District Sambhal, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi to the competent court of jurisdiction at Moradabad. Learned counsel for the applicants has argued that the matrimonial dispute between applicant no.1 and respondent no.2 Smt. Sakshi @ Neha (wife) D/o Mr. Shiv Kumar Gupta arose and it led multiple litigation between the parties. Learned counsel has pointed out that the case under Section 12 Protection of Women from Domestic Violence Act, 2005 was filed by the wife on 25th February, 2017 at Chandausi and later on 19th September, 2017 it was transferred to Moradabad on the basis of an application by Richa Agrawal- applicant no.3, but subsequently, it has again been transferred to Chandausi because of reconstitution of District Chandausi at Sambhal. Learned counsel has argued that the case under Section 125 Code of Criminal Procedure for maintenance is already pending at Moradabad, therefore, it would be in the interest of justice, if the case under the Protection of Women from Domestic Violence Act, 2005 is also transferred to Moradabad. Learned counsel has filed order- sheet of proceedings of maintenance application U/s 125 Code of Criminal Procedure, which is taken on record. The prayer is vehemently opposed by the learned counsel for opposite party no.2- wife, who has argued that the application is being filed to delay the pending proceedings and he has produced the copy of the order dated 6th November, 2024 to point out that in the proceedings under Section 125 Code of Criminal Procedure, the husband has been proceeded against the ex- parte. According to the learned counsel, similar is the position in the trial under Section 498A IPC etc. as the accused are not appearing before the trial court resulting in delay of the conclusion of trial. He prays that the application be dismissed. During the course of hearing, it is not disputed by the learned counsel for the parties that the distance between the two places i.e. Chandausi and Moradabad is approximately 43 Kms. and the travel distance of the applicants from their place of residece at Faizabad, to any of the two places where the cases are pending is identical. It is also not disputed by the learned counsel that the ex- parte proceedings have been ordered in an application under Section 125 Code of Criminal Procedure and the accused are not appearing in the criminal trial under Section 498A Code of Criminal Procedure, therefore, this Court is not inclined to transfer the case. This application is dismissed. Order Date :- 21.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad