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Neutral Citation No. - 2025:AHC:125303 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 740 of 2024 Applicant :- Vimal Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt Hon'ble Manoj Bajaj,J. Applicant-Vimal Pandey has filed this petition under Section 407 Code of Criminal Procedure for transfer of Case No. 1670 of 2023; titled State vs. Ravi Mishra and others, arising out of Case Crime No. 15 of 2016, under Sections 498A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Farrukhabad pending before Additional Chief Judicial Magistrate/F.T.C. (S.D.), Farrukhabad to any other court of competent jurisdiction at District Shahjahanpur.
Learned counsel for the applicant-complainant has argued that his sister was married to opposite party no. 2, and because of a matrimonial dispute, the prosecution of the accused persons was lodged at Farrukhabad through Case Crime No. 15 of 2016, where the trial is pending. He submits that the sister of the complainant is residing at Shahjahanpur, therefore, if, the case is transferred to Shahjahanpur, it would be convenient for his sister to pursue the said case. He prays for transfer of the subject case. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, as the prosecution is based upon the police report, and the applicant or his sister are at best are witnesses, and are required to go only for recording their own depositions. The interest of the applicant and his sister is protected by the State. Therefore, no exceptional ground is made out for transfer of the case. 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