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Neutral Citation No. - 2025:AHC:78232 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 699 of 2024 Applicant :- Gulafsha Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Santosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Case No. 8050 of 2024, titled State Vs. Smt. Rani and others, arising out of F.I.R. No. 803 of 2023, under Sections 498-A, 323, 354 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Civil Lines, District Moradabad, pending before the Chief Judicial Magistrate, Moradabad to the court of competent jurisdiction at Sambhal.
Learned counsel for the complainant-applicant submits that the complainant is residing with her parents at Sambhal, therefore, if the subject case is transferred from Moradabad to Sambhal, it would be convenient for her to pursue the prosecution of the accused-opposite party nos.2 to 6. He prays for transfer of the case from Moradabad to Sambhal. The distance between two towns is only 45 kilometers, therefore, no case is made out for transfer of the case. Even otherwise, the convenience of one of the parties cannot be construed as a valid ground for transfer of the case. The application is dismissed.
Order Date :- 13.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad