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Neutral Citation No. - 2025:AHC:58607 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 788 of 2024 Applicant :- Smt. Kiran Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav,Shweta Singh Attre Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. for transfer of Criminal Case No.9533 of 2021; titled : State Vs. Santos Sahani & others, arising out of Case Crime No.2493 of 2017, Under Sections 498A, 323, 504, 506, 342 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Dhanghata, District- Sant Kabir Nagar pending in the Court of Additional Principal Judge, Family Court, Court No.1, Deoria to any other Court of competent jurisdiction in same district.
Learned counsel for the applicant has argued that the applicant is wife of opposite party no.2 and the trial under Section 498-A I.P.C. etc. against the husband and others is pending adjudication at Sant Kabir Nagar, whereas the other case seeking maintenance filed by the wife is pending at Deoria. He submits that it is difficult for the wife to travel 170 kms. to pursue the case at Sant Kabir Nagar and prays for transfer of the case from Sant Kabir Nagar to court of competent jurisdiction at Deoria. During the course of hearing, it is not disputed that the parties had separated on 9.7.2017 and thereafter the father of the applicant got this F.I.R. lodged against his son-in-law at Sant Kabir Nagar, which is pending trial. Once the case was lodged by the informant, himself knowing the distance between the two towns, the sole ground of convenience pleaded by the wife who at best is only a witness, is not sufficient for transfer of the case, as her interest is also protected by the State. 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