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2025 DAILYLAW 103900 (ALL)

SMT PRAPTI TRIPATHI v. RAVIKESH TRIPATHI AND 5 OTHERS

TACR/625/2024 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58532 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 625 of 2024 Applicant :- Smt Prapti Tripathi Opposite Party :- Ravikesh Tripathi And 5 Others Counsel for Applicant :- Sonu Kumar Upadhyay Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Misc. Criminal Case No.1305 of 2022, titled Prapti Tripathi vs. Ravikesh, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending in the court of Civil Judge (J.D.)/FTC-1 Siddharthnagar to the competent court of jurisdiction at Gorakhpur. Learned counsel for the applicant submits that the applicant is a complainant in complaint bearing Misc. Criminal Case No.1305 of 2022 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, wherein husband and five others relatives are impleaded as opposite parties. According to him, the opposite party no.1- husband is settled abroad, whereas the others have been extending threats to the applicant to kill her, in order to discourage her from pursuing the litigation. He prays that the case be transferred to Gorakhpur. During the course of hearing, it is not disputed by the learned counsel that apart from the subject case another case under Section 125 Code of Criminal Procedure for maintenance has also been instituted by the applicant, which is also pending adjudication. Concededly, the complaint was filed on 22nd September, 2022, wherein the parties are yet to put in appearance. Thus, considering the above background particularly the vague grounds raised for transfer of the case, this Court is not inclined to transfer the subject case. This application is dismissed. Order Date :- 21.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad