Neutral Citation No. - 2025:AHC:125301 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 695 of 2024 Applicant :- Vinay Kumar Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Vinay Kumar Dwivedi has filed this petition under Section 407 Code of Criminal Procedure for transfer of Case No. 316/IX/2024 (Old No. 2767/IX/2017), titled Smt. Manisha vs. Vinay Kumar Dwivedi, under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Naraini, District Banda pending before Village Court, Naraini, District Banda, as well as Case No. 358/IX/2020 (Old No. 291/IX/2017), titled Smt. Manisha vs. Vinay Kumar Dwivedi, under Section 125 Cr.P.C., Police Station Naraini, District Banda, pending before the Principal Judge, Family Court, Banda to any other court of competent jurisdiction at District Fatehpur. Learned counsel for the applicant has argued that the opposite party no. 2 has filed two cases at Banda, i.e. a maintenance case under Section 125 Cr.P.C. and an application under Section 12 Protection of Women from Domestic Violence Act, 2005, which are pending adjudication. He further submits that though the maintenance case was decided ex-parte, but thereafter, an application on behalf of the applicant under Section 126(2) Cr.P.C. seeking permission to join the proceedings was filed, and same is pending. According to him, another case filed by the wife seeking prosecution of the applicant under Section 498A IPC etc. is pending adjudication at Fatehpur, whereas the divorce petition filed by the applicant at Fatehpur stands allowed. He prays for transfer of the two cases from Banda to Fatehpur. During the course of hearing, it is fairly stated by the learned counsel that the applicant neither appeared in the maintenance case under Section 125 Cr.P.C. nor has put in appearance in the complaint under Protection of Women from Domestic Violence Act, 2005. The application seeking setting aside the ex-parte maintenance order under Section 126(2) Cr.P.C. has been filed through the lawyer. Considering the above background, particularly the fact that the maintenance case is of the year 2020, this Court does not find any ground for transfer of the cases from Banda to Fatehpur, as the distance between the two towns is approximately 75 kms. Resultantly, the application fails and is hereby dismissed. Order Date :- 29.7.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad