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2025 DAILYLAW 110405 (ALL)

HUMA KHAN AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

TACR/791/2024 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58637 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 791 of 2024 Applicant :- Huma Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 407 Cr.P.C. for transfer of Case No.1746 of 2022; titled : State Vs. Huma Khan and others, arising out of Case Crime No.310 of 2021, Under Section 117, 504, 506 I.P.C., Police Station- Fatehganj West, District- Bareilly pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Bareilly to any other competent Court of jurisdiction in District Rampur. Learned counsel for the applicants prays for transfer of the case from Bareilly to Rampur where a maintenance application under Section 125 Cr.P.C. filed by applicant no.1-wife is also pending. He submits that the applicant has a minor child, therefore, it is difficult for her to pursue the case at district- Bareilly. During the course of hearing, it is not disputed by learned counsel that the summons in the said case have been received by the accused recently, who have not yet put in appearance before the trial Court. When asked about the grounds for transfer, it is contended that the applicant has no source of income and she has to also take care of the minor child, therefore, the transfer of the case is being prayed for. Again, it is not disputed by learned counsel that the interim maintenance awarded under section 125 Cr.P.C. is being paid by the husband regularly. That apart, the distance between the two towns is only 70 kms. which is conveniently connected, therefore, this Court is not inclined to transfer the case. The application is dismissed. Order Date :- 21.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad