SURENDRA BAHADUR AND 5 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 2 OTHERS
TACR/26/2025 · 2025-04-01
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129307 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18086 Court No. - 14 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 26 of 2025 Applicant :- Surendra Bahadur And 5 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Nitin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the parties and perused the record. Present application under Section 407 Cr.P.C. has been preferred with the following prayers:
"To issue a suitable order direction to transfer the case proceedings in the case No.M/207/23/24 Savita Singh alias Anju Singh Vs. Hanuman Singh and others, under Section 12 in the Protection of Women from Domestic Violence Act, 2005 pending before the Lower Court of opposite party No1 The Court of Civil Judge Junior Division, F.T.C. ( Crime Against Women), Balrampur to any other District nereby to Balrampur District."
Learned counsel for the applicants has submitted that the case under Section 12 of the Protection of Women From Domestic Violence Act, 2005, is pending before the court of Civil Judge (Junior Division) / F.T.C. (Crime Against Women), Balrampur, filed by the Respondent No.3 against the applicants. It is further submitted that the brother of the respondent is practicing lawyer at Tehsil - Tulsipur, District - Balrampur, who may cause undue pressure upon the court. On the other hand learned A.G.A. has submitted that Tulsipur is a Tehsil of Balrampur and the court of Tehsil is at Tulsipur not at Balrampur, whereas the case of the applicant is pending at District Court, Balrampur as stated in Para 9 of the affidavit filed alongwith the application. It is further submitted that there is no specific allegation and merely on assumption the present application for transfer of the case from District Balramput to some other district has been preferred by the applicants. On being asked the learned counsel for the applicants what are the grounds for transfer of the case, he has relied upon Para 10, 11 and 12 of the affidavit filed alongwith the application, which is quoted hereinbelow:
"10. That the petitioners never complaint in written because of the fear exist that the advocate will became internally to the family of the petitioner. 11. That the petitioner always feel that the court concerned may be under pressure of being a personal case because Mr. Sujeet Pratap Singh is real brother of opposite party no.2. 12. That there is a reasonable apprehension that the petitioner will suffer due to local advocate and there is fear in lieu of threatening and the behaviour of the staff of the court the petitioner may be deprived from the justice." From the perusal of the para 10, it does not make out any sense that what the applicant wants to communicate. As far as Para 11, it is an admitted case that it is feeling of the applicants as the applicants feel that the brother of the complainant may pressurize as it is a personal case and from perusal of Para 12, it is an admitted case that it is apprehension of the applicants. Merely on the basis of presumption and apprehension the case cannot be transferred as per the law settled in the case of Himanshu Chhabra v. Lavisha Ghawari repoted in 2025:AHC-LKO:3330.
In view of above, there is no good ground to entertain the present application. The application is devoid of merits and is accordingly dismissed.
Order Date :- 1.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench