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2025 DAILYLAW 15259 (ALL)

SMT. PINKI DEVI v. STATE OF U.P. AND 6 OTHERS

TACR/86/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71720 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 86 of 2025 Applicant :- Smt. Pinki Devi Opposite Party :- State Of U.P. And 6 Others Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Complaint Case No.4321 of 2017, titled Pinki Devi Vs. Prince and others, under Section 12 of Protection of Women from Domestic Violence Act, 2005, Police Station- Pipiganj, District Gorakhpur, pending in the court of Judicial Magistrate, Village Court, Campierganj, District Gorakhpur to any other competent court in District- Gorakhpur. Learned counsel for the applicant has argued that as a result of matrimonial dispute between the applicant and her husband litigation commenced and on 8th June, 2016 a complaint case bearing no.4321 of 2017, titled Pinki Devi Vs. Prince and others, U/s 12 of Protection of Women from Domestic Violence Act, 2005 was filed by applicant, which is pending adjudication at Village Court, Campierganj, district Gorakhpur, but as and when the applicant visits to attend the case, the opposite party no.2 to 7 threatened her, therefore, she is unable to contest the case. He submits that the case be transferred to District Court, Gorakhpur where the applicant resides. During the course of hearing, it is not disputed by the learned counsel that the distance between the two towns is only 40 Kms. and the litigation is pending since 2016. Further, in respect of alleged threats by opposite parties, no complaint has been made to any of the authorities. Considering the above background, this court does not find any sufficient ground for transfer of the case. Dismissed. Order Date :- 5.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad