Neutral Citation No. - 2025:AHC:68558 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 723 of 2024 Applicant :- Dhiraj Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Giri Counsel for Opposite Party :- Amit Kumar,Ashwani Singh,G.A. Hon'ble Manoj Bajaj,J. Applicants-Dhiraj Yadav, Jaishankar, Madhu Devi, Rajmati Devi and Gauri Shankar have filed this petition under Section 447 B.N.S.S., 2023 for transfer of Case No. 2211 of 2024; titled State vs. Dhiraj Yadav and others, arising out of Case Crime No. 0223 of 2023, under Sections 323, 498A, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Obra, District Sonbhadra pending before Civil Judge (Junior Division)/F.T.C./C.A.W., Sonbhadra to any court of competent jurisdiction at Ballia. Learned counsel for the applicants-accused has argued that the trial arises from a matrimonial dispute, and only to harass the applicants, the case was got registered at Sonbhadra, whereas the complainant, as well as the accused persons are permanent residence of District Ballia. Learned counsel submits that the trial is yet to commence, and the distance between Sonbhadra and Ballia is approximately 220 kms, therefore, it is cumbersome for the accused persons to contest the case at Sonbhadra. He prays that the case be transferred to Ballia. Prayer is opposed by the learned counsel for the complainant- opposite party no. 2, who has highlighted that a similar prayer made by the accused/husband previously in respect of a maintenance case filed by the wife at Sonbhadra, the transfer petition was withdrawn. Learned counsel submits that the father of the wife-opposite party no. 2 is serving at Sonbhadra and the opposite party no. 2 is residing with him, therefore, the ground that both the parties are residing at Ballia is incorrect. He prays for dismissal of the application. At this stage, learned counsel for the applicants-accused has argued that since an attempt to settle the matrimonial dispute was being explored, therefore, the previous transfer application filed in respect of the maintenance case was withdrawn. He reiterates his prayer for transfer of the case to Ballia. During the course of hearing, it is fairly stated by the learned counsel for the applicants that the attempt before the Medication and Conciliation Centre did not materialize, and after that neither the transfer application was revived nor any fresh application was filed. Upon hearing the learned counsel for the parties and considering their submissions, this Court does not find any sufficient ground for transfer of the case to Ballia, as the other litigation between the parties is also pending at Sonbhadra. Resultantly, the application fails and is hereby dismissed. Order Date :- 1.5.2025 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 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