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2025 DAILYLAW 146645 (ALL)

RAZI AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

TACR/47/2025 · 2025-06-24

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36259 Court No. - 11 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 47 of 2025 Applicant :- Razi Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vimal Kishor Singh,Surendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. The present transfer application has been filed by the applicant with a prayer to transfer the proceedings bearing Case No. 404 of 2020 (Smt. Khairunnisha Vs. Razi Ahmad) under Section 125 of Cr.P.C., pending in the court of learned Principal Judge, Family Court, Hardoi, to the learned Principal Judge, Family Court, Unnao along with the case records and further pray to stay the proceedings of the aforesaid case. It is submitted by learned counsel for the applicant that in this case the opposite party no. 2 is wife and is living in Hardoi. There is matrimonial dispute between both of them and case is pending before the Family Court, Hardoi. He further submits that the applicant attends the proceedings but is subjected to harassment by the opposite party no. 2, the wife and members of her family, that is the reason he request to transfer the case from District Court Hardoi to some other District like Unnao. Learned A.G.A. opposed the prayer as aforesaid and contended that the opposite party no. 2 is resident of Village Khadakheda, Post Ahirauri, Police Station Tadiyawan, District Hardoi and applicant is resident of district Lucknow. There is no incident to show that the applicant is being harassed either by the opposite party no. 2 or any member of her family at the time of attending the court in Hardoi for the purpose of making harassment to the opposite party no. 2. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., material on record, there appears nothing on record to show that applicant is being harassed either by the opposite party no. 2 or members of her family in Hardoi while attending the court. There is no any other ground to transfer the case from district Hardoi to district Unnao. On the other hand, if the case is transferred from Hardoi to Unnao it will cause inconvenience to the opposite party no. 2, therefore, this transfer application lacks merit and is liable to be rejected. Accordingly, this transfer application, is hereby, rejected at this stage. Order Date :- 24.6.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench