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2025 DAILYLAW 173068 (ALL)

REETA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME, CIVIL SECTT. LKO. AND ANOTHER

TACR/102/2023 · 2025-11-06

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 102 of 2023 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties as well as perused the record. 2. The instant application has been preferred seeking transfer of Case No. 351 of 2019 under Section 128 CrPC, P.S. Karaundi Kalan, District Sultanpur from the Court of learned Additional Principal Judge, Family Court-IV, Sultanpur to the Court of learned Principal Judge, Family Court, District Jaunpur. 3. It appears from the record that the case in terms of Section 125 CrPC was filed by the applicant in the competent Court of jurisdiction at Sultanpur and in the same, the concerned Court had passed the order dated 06.02.2007 directing the opposite party no. 2 to pay maintenance amounting Rs. 2500 and thereafter, opposite party no. 2 filed an application in terms of Section 126 CrPC in relation to the order dated 06.02.2007 and the same was rejected vide order dated 13.02.2014 and it also appears from record that a criminal case no. 1627 of 2014 was also filed before the Principal Judge, Family Court, Sultanpur for compliance of order dated 06.02.2007 and the Court concerned has passed an order on 17.01.2015, whereby directed to attach the share of opposite party no. 2 of his parental property, which was transferred by opposite party no. 2 and being aggrieved by the transfer of share, the petitioner filed a civil suit no. 142 of 2016 under Section 9 of CPC. The record also indicates that the Versus Counsel for Applicant(s) : Anil Kumar Mishra, Narendra Pratap Mishra Counsel for Opposite Party(s) : G.A. Reeta .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Civil Sectt. Lko. And Another .....Opposite Party(s) opposite party no. 2 is also residing at Jaunpur. 4. Taking note of the aforesaid and also the settled proposition of law on the subject, the instant application seeking transfer is hereby allowed. 5. Case No. 351 of 2019 under Section 128 CrPC, P.S. Karaundi Kalan, District Sultanpur from the Court of learned Additional Principal Judge, Family Court-IV, Sultanpur is hereby transferred to the Court of learned Principal Judge, Family Court, District Jaunpur. The concerned Court at Sultanpur is directed to transmit the paper book/file of the case in issue forthwith to the concerned Court at District Jaunpur. November 6, 2025 Anurag TACR No. 102 of 2023 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench