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2025 DAILYLAW 108498 (ALL)

BUSHRA KHURSHID v. STATE OF U.P. AND 2 OTHERS

TACR/733/2024 · 2025-05-12

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78386 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 733 of 2024 Applicant :- Bushra Khurshid Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manjeet Kumar,Ram Sajiwan Prajapati Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Complaint Case No. 130 of 2021, titled Bushra Khurshid Vs. Kasim Ali and others, under Section 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Basti, pending before the Judicial Magistrate, Basti to the court of competent jurisdiction at Gorakhpur. Applicant is seeking transfer of the case from Basti to Gorakhpur as two other cases between the parties i.e. complaint case under Section 12 Protection of Women from Domestic Violence Act, 2005 and the maintenance case under Section 125 Cr.P.C. are also pending before the court of competent jurisdiction at Gorakhpur. Concededly, the subject case was lodged by the applicant herself at Basti and keeping in view the distance of 60 kilometers between two towns, no case is made out for transfer of the case. The application fails and is hereby dismissed. Order Date :- 13.5.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad