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2025 DAILYLAW 106647 (ALL)

RADHA DEVI v. ATUL PRAKASH VERMA

TACR/679/2024 · 2025-04-03

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48472 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 679 of 2024 Applicant :- Radha Devi Opposite Party :- Atul Prakash Verma Counsel for Applicant :- Deepak Kumar Pandey Counsel for Opposite Party :- Satyaveer Singh Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 read with Chapter XXXIII of Bhartiya Nagarik Suraksha Sanhita, 2023 for transfer of Criminal Case/ Session Trial No.140 of 2022; titled : State Vs. Atul Prakash, Under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kurawali, District- Mainpuri to any other competent Court of jurisdiction in District Firozabad. Learned counsel for the applicant has argued that applicant's daughter namely Nidhi Tomar was married to opposite party no.2- Atul Prakash Verma on 30.06.2017 but she was harassed for bringing less dowry and on 28.1.2022 she met her unnatural death, whereupon the case was registered which is subject matter of the trial pending in the Court of District and Sessions Judge, Mainpuri. Learned counsel submits that the case is pending since 2022 and the applicant is a senior citizen who is suffering from various ailments like blood pressure, headache and joint pain etc., therefore, it is cumbersome for her to travel from Firozabad to Mainpuri. He submits that the applicant's son is not supporting her, consequently, it is becoming difficult for her to pursue the case and he further prays for transfer of the case to Firozabad from Mainpuri. During the course of hearing, it is not disputed by learned counsel that the trial is at the stage of recording prosecution evidence and only three or four witnesses remain to be examined. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in this application as the interest of the applicant is being protected by the State. That apart, the distance between the two towns is only 60 kms. which is conveniently connected, therefore, this Court is not inclined to transfer the case. The application is dismissed. Order Date :- 4.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad