Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:58400 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 628 of 2024 Applicant :- Aqib @ Prince Opposite Party :- Rozi Bano Counsel for Applicant :- Devendra Kumar Tiwari,Ehtesham Khan,Tushar Sharma Counsel for Opposite Party :- Sudhanshu Kumar Mishra Hon'ble Manoj Bajaj,J. Applicant-Aqib @ Prince has filed this petition under Section 407 Code of Criminal Procedure for transfer of Maintenance Case No. 815 of 2023; titled Rozi Bano and another vs. Aqib @ Prince, under Section 125 Cr.P.C. pending before Principal Judge, Family Court, Allahabad to any other court of competent jurisdiction at District Deoria.
Learned counsel for the applicant has argued that the opposite party no. 1 alongwith her minor daughter has filed a maintenance case under Section 125 Cr.P.C. against the applicant, which is pending adjudication before Family Court, Prayagraj. Learned counsel submits that on 27th June, 2024, when the applicant visited the court, his wife and her relatives manhandled him, and in this regard, a criminal case bearing Case Crime No. 235 of 2024, under Sections 147, 323, 504 and 506 IPC, Police Station Colonelganj, District Prayagraj was registered against them.
Learned counsel prays that it would be in the interest of justice, if, the pending case is transferred to other court of competent jurisdiction outside District Prayagraj. During the course of hearing, it is not disputed by the learned counsel that the maintenance case was filed by wife in the month of August, 2023 and the husband is yet to file his objections. The case is pending for nearly two years and it seems strange that the husband, who is regularly attending the court, has not even filed his objections to the claim. Further, nothing has been produced by the applicant to show that on 27th June, 2024, he had attended the court, much less the order passed on the said date by the Family Court at Prayagraj. Mere registration of the case with the allegations of pushes is not sufficient to transfer the subject case to some other court.
No other ground has been raised. Thus, no case is made out for transfer of the case. Resultantly, the application fails and is hereby dismissed.
Order Date :- 21.4.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad