Neutral Citation No. - 2025:AHC-LKO:9967 Court No. - 12 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 14 of 2024 Applicant :- Laxmi Singh Opposite Party :- State Of U.P. Thru Addl. Chief Secy. Home Lko And Anr. Counsel for Applicant :- Suresh Chandra Srivastava,Awadhesh Kumar Misra,Chandra Prakash Srivastava,Mayank Srivastav,Rachit Gupta Counsel for Opposite Party :- G.A.,Jagan Nath Singh Hon'ble Saurabh Lavania,J. Case called out. No appeared on behalf of private opposite party. Taking note of the order(s) passed by this Court dated 06.02.2025, 10.02.2025, 11.02.2025, this Court proceeds to hear the case on merits ex-parte. Heard learned counsel for the applicants and learned AGA for the State. This petition under Section 407 Cr.P.C. has been filed by the petitioner with the prayer for issuance of a direction to transfer the proceedings of the Criminal Case No. 10272 of 2021 which has emanated out of the FIR bearing Case Crime No. 103 of 2021, under Sections 323, 504, 506, 498A IPC and Sections 3 and 4 of Dowry Prohibition Act, Police Station Hujurpur, District Bahraich from the court of Civil Judge, FTC, Mahila Court, Bahraich/Additional Chief Judicial Magistrate, Bahraich to a court of competent jurisdiction in District Gonda. It is stated that it is not in dispute that the applicant, who is a female, is residing at Gonda in her parental house and a case under Section 125 Cr.P.C., registered as Criminal Cased No. 396 of 2021, seeking maintenance was instituted before Principal Judge, Family Court Gonda. It is further stated that the Criminal Case No. 10272 of 2021 arising out of Case Crime No. 103 of 2021 under Sections 323, 504, 506, 498A IPC, based upon the FIR/written complaint filed by the applicant is pending in the Court of Civil Judge, FTC Mahila Court, Bahraich/Additional Chief Judicial Magistrate, Bahraich. It is stated that in view of aforesaid as also the fact that on 05.02.2024 when the applicant went to attend the proceedings of Criminal Cae No. 10272 of 2021, on account of the ex-parte order passed in maintenance case, the applicant was badly treated by her husband (opposite party no. 2) and thereafter on 29.03.2024, the opposite party no. 2 came to the house of the applicant and assaulted the applicant and thereafter, he pushed the applicant from the roof resulting spinal cord injury and the applicant is still under treatment, it is very difficult to the applicant to attend the proceedings of the case at Bahraich. Prayer is to transfer the case from the Court of Civil Judge, FTC, Mahila Court, Bahraich/Additional Chief Judicial Magistrate, Bahraich to the Court of competent jurisdiction at Gonda. Considering the aforesaid as also that in the matrimonial matters the convenience of wife should be taken note of as observed in various pronouncements including in the case of Anjali Ashok Sadhwani vs Ashok Kishinchand Sadhwani, reported in AIR 2009 SC1374 and Fatema vs Jafri Syed Husain (Parvez), reported in AIR 2009 SUPREME COURT 1773, this Court is of the view that the instant application for transfer of the case is liable to be allowed. It is allowed. Accordingly, the Criminal Case No. 10272 of 2021 (Supra) pending before the from the court of Civil Judge, FTC, Mahila Court, Bahraich/Additional Chief Judicial Magistrate, Bahraich is transferred to a court of competent jurisdiction at District, Gonda. Within a period of two weeks from the date of production of certified copy of this order, the entire record of case be transferred to the court concerned. With the above observations, the application stands allowed. Order Date :- 14.2.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench