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2025 DAILYLAW 105052 (ALL)

ARCHNA CHAUBEY AND ANOTHER v. State of U.P. AND ANOTHER

TACR/648/2024 · 2025-09-07

Harvir Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 648 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the material on record. 2. The present application has been filed with a prayer to transfer the proceeding of Complaint Case No. 67396/2023 under Sections 352, 379, 504, 506 IPC, pending before the court of Additional Chief Judicial Magistrate, Court No. 1, Varanasi to the court of the Chief Judicial Magistrate, Sonebhadra or any other adjacent district. 3. Learned counsel for the applicant has submitted that the Misc. Case No. 136 of 2019 has already been decided by the court of Principle Judge Family Court, Sonebhadra and another Case No. 621 of 2022 (Meena Sharma Vs. Archana Chaube and Others) filed under Section 12 of Domestic Violence Act is also pending at Sonebhadra, the said case was transferred from Varanasi to Sonebhadra by this Court and in an another Case No. 26294 of 2022 (Manish Sharma Vs. Archana Chaube), filed under Sections 323, 506 IPC is also pending at Varanasi. However, this Court has passed an order dated 05.05.2023 staying the proceeding of the said case against the applicant. 4. On the other hand, the said prayer is being opposed by learned counsel for the opposite party no. 2 and has submitted that, if one case has been transferred, from Varanasi to Sonebhadra by this Court, the same cannot be a ground to seek transfer of the case from one district to another district. 5. Having regard to the submissions made by the learned counsel for the Versus Counsel for Applicant(s) : Ankur Vishwakarma, Kapoor Chandra Vishwakarma Counsel for Opposite Party(s) : G.A., Gaurav Tiwari, Sanjay Chaturvedi Archna Chaubey And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) respective parties, this Court has already passed an order on the Transfer Application (Criminal) No. 268 of 2023, wherein stay proceedings at Varanasi court had been stayed and in another Transfer Application (Criminal) No. 349 of 2022, the proceedings of Case No. 621 of 2022 has been transferred from Varanasi to Sonebhadra. The applicant herein Archna Chaubey is residing at Sonebhadra and pursuing her cases. 6. After having heard the learned counsel for the respective parties and considering the totality and circumstances of the case, this Court finds that it would be appropriate that, all the cases be tried at one place i.e. Sonebhadra. Moreover, this court has already transferred one case from district court Varanasi to district court Sonebhadra; and another Transfer Application is pending before this Court for adjudication, therefore, it would be appropriate to transfer the present case from district court Varanasi to district court Sonebhadra and be adjudicated in accordance with law. 7. Accordingly, the present transfer application is allowed. September 8, 2025 Vikram TACR No. 648 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad