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Neutral Citation No. - 2025:AHC:59224 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 721 of 2024 Applicant :- Anoop Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Anoop Kumar Mishra has filed this petition under Section 407 Code of Criminal Procedure for transfer of Criminal Case No. 2794 of 2024 (Old No. 1178 of 2017; titled State vs. Rahul, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, arising out of Case Crime No. 644 of 2016, Police Station Mohammadabad, District Farrukhabad (Fatehgarh) pending before Additional Civil Judge (Senior Division)/Judicial Magistrate-I, Farrukhabad (Fatehgarh) to any other court of competent jurisdiction at Mainpuri.
Learned counsel for the applicant submits that as a result of matrimonial dispute between the parties, two cases were filed at District Farrukhabad, i.e. a divorce petition under Section 13 Hindu Marriage Act on behalf of the husband-opposite party no. 2, and a criminal case at the instance of the applicant under Section 498A IPC etc. bearing No. 2794 of 2024. He submits that when the wife visited the courts for recording her evidence on 8th May, 2024, the husband threatened her and asked to withdraw the cases. According to him, it is difficult for the wife to pursue the criminal trial against the husband, therefore, it would be in the interest of justice, if, it is transferred to some other court of competent jurisdiction outside the District Farukkhabad. During the course of hearing, it is not disputed that in the criminal trial, the accused has been extended the concession of regular bail and charges against him are yet to be framed. The above background would reveal that the trial in the criminal case is yet to commence and nothing has been produced to show that if, the husband had threatened the wife, any application seeking cancellation of bail was moved by the applicant. The visit of the wife on 8th May, 2024 relates to the divorce petition, which
according to the learned counsel has already been dismissed. In this background, no case is made out for transfer of the case. Resultantly, the application fails and is hereby dismissed.
Order Date :- 21.4.2025 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 Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad