HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 38 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard Shri Manoj Sahu, learned counsel for the applicant, Shri Kamlesh Kumar, learned counsel for the opposite party as well as learned A.G.A for the State. 2. The present application under Section 407 Cr.P.C has been preferred with the following main prayer:- " For the facts, reason and circumstances of the case which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the complaint case no. 230/2013 under section 147/323/504/506/406/452 of IPC relating to police station Gomti Nagar, Lucknow pending in the court of Additional Chief Judicial Magistrate, CBI (AP) Lucknow, name and style as Susheel Kumar Sahu versus Om Prakash Sahu and others to the competent court at Kanpur Nagar in the interest of justice. It is further most respectfully prayed that till pending adjudication of the instant transfer petition, further proceedings of the complaint case no. 230/2013 under section 147/323/504/506/406/452 IPC pending in the court of Additional Chief Judicial Magistrate, CBI (AP) Lucknow, name and style as Susheel Kumar Sahu versus Om Prakash Sahu and others may kindly be stayed. " 3. The relief aforesaid has been sought on the following facts and grounds. (i) The marriage of applicant no. 1 Smt. Renu Sahu was solemnised with opposite party no. 2 Sushil Kumar on 09.12.2011 at Kanpur as per the hindu rights and customs. (ii) On account of matrimonial dispute/discord, the relationship between applicant no. 1 and opposite party no. 2 became estranged, the applicant no. 1 left her matrimonial home and she came to the house of her parents at Kanpur. Versus Counsel for Applicant(s) : Manoj Sahu, Revi Raghavan Counsel for Opposite Party(s) : G.A., Kamlesh Kumar, Nilish Anand Smt.Renu Sahu And 8 Others .....Applicant(s) State Of U.P. Thru. Its Secy. Home Lko. And Another .....Opposite Party(s) (iii) The applicant no. 1 preferred an application under Section 156(3) Cr.P.C whereupon, an order was passed on 12.11.2013 by the Metropolitan Magistrate, Kanpur and opposite party no. 2 and other family members of opposite party no. 2 were summoned for facing the trial for the offence under Section 406 I.P.C. (iv) The case instituted by the applicant no. 1 is pending in the competent court of jurisdiction at Kanpur in which the opposite party was released on bail vide order dated 27.10.2014 and opposite party no. 2 is appearing regularly. (v) The complaint case no. 4454 of 2013 (Renu Sahu versus Susheel Sahu) P.S Chakeri, District Kanpur Nagar, under Section 498A, 323, 504, 506 and 3/4 D.P Act, is pending at Kanpur. (vi) The application preferred by opposite party no. 2 in the complaint case no. 4454 of 2013 seeking discharge in terms of Section 245 Cr.P.C was rejected by the Ist Additional Civil Judge (J.D), Kanpur Nagar (in short "Magistrate") vide order dated 21.12.2023. (vii) The case in issue i.e. complaint case no. 230 of 2013 (Susheel Kumar Sahu) was instituted by opposite party no. 2 in the month of March, 2013, under Sections 147, 323, 504, 506, 406 and 452 I.P.C, P.S Gomti Nagar, Lucknow and is pending in the court of Additional Chief Judicial Magistrate, Lucknow. The copy of this complaint is annexed as Annexure No. 1 to the present application. The accused in the complaint case in issue are:- (i) Smt. Renu Sahu, aged about 35 years (ii) Om Prakash Sahu, aged about 75 years, (iii) Smt. Om Shree, aged about 70 years, (iv) Deepu Sahu, aged about 40 years, (v) Mukesh Sahu, aged 35 years, (vi) Ritesh Sahu, aged about 27 years, (vii) R.P Sahu, aged about 70 years, (viii) Prem Sahu, aged about 38 years, (ix) Shiv Kumar Sahu, aged about 65 years. 4. Opposing the present application, it is submitted that the complaint case pending at Kanpur bearing no. 3137 of 2013 in which the applicant was summoned vide order dated 12.11.2013 by the Metropolitan Magistrate, Court No. 3, Kanpur Nagar is a bogus case as the same relates to seeking streedhan, though the applicant no. 1 has already taken away the streedhan from her matrimonial home by using force and in connection to which, the complaint case in issue was instituted. 5. Upon due consideration to the aforesaid, this court is of the view that, the application is liable to be allowed. Ordered accordingly. 6. The Complaint Case No. 230 of 2013 under section 147/323/504/506/406/452 of IPC relating to Police Station Gomti Nagar, TACR No. 38 of 2025 2 Lucknow pending in the court of Additional Chief Judicial Magistrate, CBI (AP) Lucknow is hereby transferred to the court of competent jurisdiction at Kanpur Nagar. 7. Concerned Court is directed to transmit the paper-book of the Complaint Case NO. 230 of 2013 forthwith in terms of above. December 10, 2025 DiVYa TACR No. 38 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench