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2025 DAILYLAW 153948 (ALL)

RAJAT DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

/64/2025 · 2025-08-05

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Neutral Citation No. - 2025:AHC-LKO:45403 Court No. - 13 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 64 of 2025 Applicant :- Rajat Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Sameer Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri Diwaker Singh, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking transfer of a Complaint Case No. 118 of 2024 filed under Section 12 of the Protection of Women from Domestic Violence Act, registered at Police Station Naimisharan, District Sitapur from the Court of Additional Chief Judicial Magistrate- II Sitapur to any other District. 3. The aforesaid case arises out of a complaint filed under Section 12 of the Protection of Women from Domestic Violence Act by the opposite party no.2, who is wife of the applicant. 3. The transfer application was filed on 24.05.2024, on 07.10.2024 the applicant gave an application to the police stating that when he was present in the Court compound at Sitapur on the aforesaid date, some Apoorva Chaturvedi and 2-3 unknown persons entered into a scuffle with him and threatened him. After giving the aforesaid complaint dated 07.10.2024, the applicant has filed his objections against the complaint under Section 12 of the Protection of Women from Domestic Violence Act on 21.10.2024. 5. Apparently, the applicant has not given any complaint to the court concerned or to the District Judge, Sitapur, regarding any threat to him or any misdeed related to him regarding defending the aforesaid complaint case. 6. The applicant has filed his transfer application on 30.07.2025, on the basis of an event which allegedly took place on 07.10.2024 and, apparently, in the meanwhile, he has been participating in the proceeding before the trial court and no incident has taken place in the meanwhile. 7. In these circumstances, this Court finds no good ground for transferring the case from the Court of Additional Chief Judicial Magistrate- II Sitapur to any other District. 8. Accordingly, the transfer application is hereby rejected. . (Subhash Vidyarthi, J.) Order Date :- 5.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench