2025:UHC:5174 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C447/13/2024 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Naresh Pant, Advocate holding brief of Mr. Raunak Pant, learned counsel for the applicants. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Yogesh Pandey, learned counsel for respondent no. 2. 4. Respondent no. 2 lodged an FIR against the applicants in Police Station Kotwali Pithoragarh, under Sections 323, 504 & 506 IPC. The police, after investigation, submitted a charge- sheet against the applicants under the aforesaid Sections before Chief Judicial Magistrate, Pithoragarh. The matter is now pending before Chief Judicial Magistrate, Pithoragarh and is numbered as Criminal Case No. 558 of 2024. 5. Applicants have sought transfer of proceedings of the said case from Pithoragarh to a court of competent jurisdiction at Haldwani (Nainital) on the ground that they are residing at Haldwani and it is difficult for them to visit Pithoragarh, on each and every date, for contesting the case along with their children, therefore, the case be transferred to a competent court at 2025:UHC:5174 Haldwani (Nainital). 6. Per contra, Mr. Yogesh Pandey, learned counsel appearing for respondent no. 2 submits that allegation against the applicants is that they physically assaulted and abused their mother-in-law and father-in-law, who both are senior citizens, more than 70 years of age. He submits that since mother-in-law and father-in-law are victim and also the witness in Criminal Case No. 558 of 2024, therefore, transfer of the case from Pithoragarh to Haldwani would result in hardship to them as they will not be able to visit Haldwani on different dates fixed in the case. He submits that both applicants are young women, less than 35 years of age, therefore, the difficulty faced by the applicants in visiting Pithoragarh would be less than the difficulty of mother & father of respondent no. 2, in case they are made to visit Haldwani on each and every date. 7. Learned State Counsel submits that the incident occurred at Pithoragarh and the Police Officers, who are witness in the case, are also posted at Pithoragarh, therefore, huge financial burden would befall on the State in the event of transfer of case from Pithoragarh to Haldwani. 8. This Court finds substance in the submission made by learned counsel for the respondents. Since the victim of the alleged assault are senior citizens who are also witness in the 2025:UHC:5174 criminal case, therefore, their difficulty would be more, if proceedings of the case is transferred from Pithoragarh to Haldwani. 9. Even otherwise also, the Police Officers, who are to be examined as witness, are also at Pithoragarh, therefore, huge financial burden would be cast upon the Police Machinery due to transfer of the case to Haldwani. 10. Thus, I do not find any good ground to transfer the proceedings to Haldwani. Accordingly, the transfer application is dismissed. (Manoj Kumar Tiwari, J.) 19.06.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.19 21:17:38 -07'00' 2025:UHC:5174