HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Transfer Application No.07 of 2024 Hina Parveen ….......Applicant Vs. State of Uttarakhand and another ……....... Respondents Present : Mr. Ghanshyam Joshi, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State/respondent no.1. Mr. Prince Chauhan, Advocate for respondent no.2. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant criminal transfer application, filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS, 2023”), the applicant seeks transfer of Criminal Case No.847 of 2022, State of Uttarakhand Vs. Javed, under Section 498-A IPC, Section 3/4 of the Dowry Prohibition Act, 1961 and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (“the case”), from the court of Judicial Magistrate Jaspur, District Udham Singh Nagar to the court of Judicial Magistrate, Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant submits that the applicant is staying in Dehradun; she has lodged an FIR at Police Station Jaspur, therefore, the case is pending at the court at Jaspur, District Udham Singh Nagar. It is submitted that the private respondents is also resident of Dehradun. Therefore, it would be convenient to the parties and the witnesses that the trial of the case may be transferred to the court of Judicial Magistrate, Dehradun. 2 4. Learned counsel for the private respondent would submit that when the FIR was lodged, the applicant was the resident of Jaspur, District Udham Singh Nagar. 5. The transfer of the criminal cases should not be easily resorted to. The condition to such transfer has been given under Section 447 of the BNSS, 2023. If transfer may tend to general convenience of the parties or witnesses or it is expedient for the ends of justice, such transfer order may be passed. In the instant case, it is the case of the applicant that she is staying in Dehradun and the private respondent is also resident of Dehradun. In such a situation, definitely, it would be to the general convenience of the parties or witnesses and also expedient for the ends of justice if the case is transferred from the court of Judicial Magistrate Jaspur, District Udham Singh Nagar to the court of Chief Judicial Magistrate, Dehradun. Therefore, the criminal transfer application is allowed. 6. The criminal transfer application is allowed. 7. Criminal Case No.847 of 2022, State of Uttarakhand Vs. Javed is transferred from the court of Judicial Magistrate Jaspur, District Udham Singh Nagar to the court of Chief Judicial Magistrate, Dehradun. 8. Let a copy of this order be sent to both the courts. (Ravindra Maithani, J.) 21.08.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bb d504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255D D8EC450A84B515A087CAEFD1B3179A7DEAE 40699, cn=SANJAY KANOJIA Date: 2025.08.25 17:03:36 +05'30'