Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65191 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 716 of 2024 Applicant :- Preeti Kumari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- Abhinav Jaiswal,G.A.,Saumitra Singh Hon'ble Manoj Bajaj,J. Applicant-Complainant has filed this application under Section 447 B.N.S.S. to challenge the order dated 11.7.2024 passed by Sessions Judge, Kanpur Nagar in Criminal Transfer Application no.911 of 2024, whereby her transfer application has been dismissed, who further seeks transfer of Sessions Trial No. 382 of 2023, arising out of Case Crime No. 4 of 2022, under Sections 376, 313 I.P.C., Police Station Gwaltoli, District Kanpur Nagar, pending before the Additional District and Sessions Judge, Court No.23, Kanpur Nagar to any other court of competent jurisdiction, at Kanpur Nagar.
Learned counsel for applicant has filed supplementary affidavit, which is taken on record. As per the averments contained in the application, the applicant had married the opposite party no.2, who is being prosecuted by her for the alleged commission of offences punishable under Sections 376 and 313 I.P.C. As per the pleadings, the accused- opposite party no.2 has violated the conditions contained in the bail order dated 17.8.2022 and also refused to keep his word given by way of a separate undertaking dated 6.9.2022 in Case No.1097 of 2022, titled Ravi Kumar Vs. Priti Kumari @ Sweta, whereby he had agreed to keep the applicant as his wife. Applicant seeks transfer of the subject case from the court of Additional District and Sessions Judge, Kanpur Nagar to any other court of competent jurisdiction at Kanpur Nagar. When the case is taken up, learned counsel for applicant is unable to assist the Court as he is unprepared. A reading of the supplementary affidavit would show that vide
order dated 14.2.2025 passed by this Court, the order dated 17.8.2022 granting pre-arrest bail to the accused has been recalled, and a liberty has been given to the accused to surrender and apply for regular bail. Learned counsel for accused is also unaware about the compliance of the order dated 14.2.2025. That apart, the violation of undertaking by opposite party no.2 given on 6.9.2022 cannot be construed as a ground for transfer of the case. The application fails and is hereby dismissed.
Order Date :- 28.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad