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2025 DAILYLAW 159927 (ALL)

Pooja @ Durgesh v. State of U.P. through Principal Secretary Home and 7 others

TACR/73/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49536 Court No. - 13 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 73 of 2025 Applicant :- Pooja @ Durgesh Opposite Party :- State Of U.P. Through Principal Secretary Home And 7 Others Counsel for Applicant :- Shiv Kumar Yadav,Prem Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shiv Kumar Yadav, learned counsel for the applicant and Shri Aayush Sharma, learned State counsel. 2. By means of the instant application, the applicant is seeking transfer of the Criminal Case No.37 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 of D.P. Act, Police Station Musafirkhana, District Amethi from the court of learned Judicial Magistrate, Masafirkhana, Sultanpur to any competent court of District Lucknow. 3. The aforesaid case has been instituted on the basis of application under Section 156(3) Cr.P.C. filed by the applicant herself in the court of learned Chief Judicial Magistrate, Musafirkhana, Sultanpur alleging ill-treatment by the opposite party Nos.2 to 8 in her matrimonial home at District Raebareli. 4. The transfer application has been filed on the ground that subsequent to filing of the complaint, the applicant's father had shifted his residence to Lucknow and the applicant is also residing in Lucknow. 5. Merely because the complainant has changed her place of residence during pendency of the complaint, the proceedings of the trial cannot be transferred from one district to another district. 6. The application lacks merit and is, accordingly, dismissed. Order Date :- 22.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench