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2025 DAILYLAW 107092 (ALL)

DR HARSWAROOP CHAUDHARY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

TACR/700/2024 · 2025-05-12

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78246 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 700 of 2024 Applicant :- Dr Harswaroop Chaudhary And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Mohammad Shariq Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Complaint No. 429 of 2024, titled Smt. Priyanka Vs. Pramod Kumar Chaudhary and others, under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Sadar Bazar, District Mathura, pending before the Civil Judge (J.D.), Mathura to the court of competent jurisdiction at Hathras or any other district. No one has appeared on behalf of applicants. Learned A.G.A. is present. A perusal of the paper book would show that as per the averments contained in the application, the opposite party no.2 is a court official in the district court whereas her brother is a practicing advocate. Besides, it is also pleaded that the applicants are getting threats from the opposite party no.2, therefore, applicants have prayed for transfer of the case. Merely, because the opposite party no.2 is a court official, and further in the absence of any material that she has in any manner ever tried to influence the trial proceedings, this Court does not find it to be a fit case for transfer of the subject case. The application is dismissed. Order Date :- 13.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad