Neutral Citation No. - 2025:AHC:35545 Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 756 of 2024 Applicant :- Sidharth Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,K.P. Verma Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 447 B.N.S.S. has been filed by the applicant seeking transfer of case pending before Additional District and Sessions Judge, Court No. 15, Ghaziabad in Criminal Appeal No. 44 of 2023 (Sidharth Kaushik and others Vs. State of U.P.) arising out of Case Crime No. 313 of 2015, Case No. 890 of 2016, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Mahila Thana, District-Ghaziabad to another court in District-Ghaziabad. It has been submitted by learned counsel for the applicant that the applicant is the husband of opposite party No. 2 Smt. Priya Tyagi and was convicted by the learned Civil Judge, (Sr. Div. FTC, Ghaziabad) in Case Crime No. 313 of 2015, Case No. 890 of 2016, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.-Mahila Thana, Ghaziabad. Against the said order of conviction, the applicant had filed an appeal which is pending in the learned Court of Additional District and Sessions Judge, Court No. 15, Ghaziabad. During the pendency of the said appeal, the applicant filed a transfer application seeking transfer to some other Court of the Ghaziabad Judgeship. However, the said transfer application was dismissed. Hence, the present application has been filed on the ground that the opposite party No. 2 Smt. Priya Tyagi/wife of the applicant is a powerful and influential lady and arbitrarily interferes with the work of the court and the court staff due to which the applicant has least chance to get justice from the court. It has also been asserted that conduct of the respondent wife is not good and has harassed and tortured the applicant. Per contra, learned counsel for the opposite party No. 2 has submitted that the applicant has preferred the instant transfer application with a malicious intention in order to delay the court proceedings. The transfer application preferred by the applicant has already been rejected by the appellate court and the applicant has remarried with another lady without giving divorce to her and proceedings under Section 125 Cr.P.C. in Case No. 573 of 2015 is pending since last 9 years and no interim maintenance has been paid and has sought several adjournments on the ground of pendency of this transfer application. Having heard learned counsel for the parties and perusal of records, it transpires that applicant has sought the transfer of the appellate court proceedings maliciously on frivolous grounds in order to delay the matrimonial proceedings lodged by respondent No. 2/wife and is maliciously taking advantage of the pendency of this application and seeking adjournment in several other proceedings. There is no good ground to interfere in the matter. The application is accordingly, dismissed. Order Date :- 11.3.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad