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2025 DAILYLAW 105690 (ALL)

SMT. PREETAM JAKHAR v. STATE OF U.P. AND ANOTHER

TACR/675/2024 · 2025-04-03

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48475 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 675 of 2024 Applicant :- Smt. Preetam Jakhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Kumar Shukla Counsel for Opposite Party :- G.A.,Shantanu Bhardwaj Hon'ble Manoj Bajaj,J. Through this application under section 407 Cr.P.C., the applicant- wife is seeking transfer of Complaint Case No.17339 of 2020 titled: Dr. Mahendra Singh Vs. Preetam Jakhar and others, under section 500 I.P.C. pending before Judicial Magistrate-4, Mathura to a court of competent jurisdiction at District- Ghaziabad. Learned counsel for the applicant submits that the applicant's father-in-law has filed a defamation case under section 500 I.P.C. which is pending adjudication at district- Mathura. He further submits that the applicant was married to Manvendra Singh on 28.11.2012 and out of this wedlock a son was born on 27.3.2014 but the matrimonial relations between the couple turned bad and it led to the litigation. Learned counsel further submits that the divorce petition bearing Case No.833 of 2020 filed by Manvendra Singh before Family Court, Mathura has already been transferred by this Court vide order dated 10.10.2022 to a competent court of jurisdiction at Ghaziabad. Similarly, another case filed by the applicant bearing Case No.141607 of 2022 (State Vs. Manvendra Singh and others), under Sections 498-A, 323, 504, 406, 506 IPC was also transferred vide order dated 01.12.2023 from Kanpur Nagar to Ghaziabad on a petition filed by applicant's husband. Learned counsel submits that since the parties are having multiple litigation, therefore, it would be in the interest of justice that all the cases are tried in one district, and he prays for transfer of this case to Ghaziabad. The above background narrated by learned counsel for the applicant has not been refuted by learned counsel for the opposite party no.2, who fairly states that the other two cases have already been transferred to Ghaziabad. Thus, in the above background, this Court finds it appropriate to transfer the subject Complaint Case No.17339 of 2020 titled : Dr. Mahendra Singh Vs. Preetam Jakhar and others, under section 500 I.P.C., before the court of competent jurisdiction at district- Ghaziabad where the other cases between the parties are also pending. Consequently, the application is allowed and it is ordered that the record of the Complaint Case No.17339 of 2020 be sent before the Chief Judicial Magistrate, Ghaziabad for its entrustment to the court of competent jurisdiction for adjudication. This application is allowed with no order as to costs. Order Date :- 4.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad