CHAITANYA VISHWA MOHAN v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER
/117/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184019 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184019 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 117 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard. 2. The applicant has filed this application mainly with the prayer as follows :
"Order the transfer of the following matters to a neutral district, Noida: a. U/S- 144 BNSS Case No. 2737/2025 to the appropriate court at Noida; b. The ADR/Women Cell proceedings to the competent authority at Noida."
3. Learned counsel for the applicant has submitted that the applicant, who is resident of Noida, being husband, is facing harassment. It has been submitted that the respondent-wife is close blood relative of serving Addl. District Judge in Lucknow, who will influence the case in favour of opposite party No. 2. The learned counsel has submitted that the case may be transferred to some neutral district. The learned counsel for the applicant has orally submitted during arguments that the said A.D.J. has been transferred to Kanpur now. 4. The learned A.G.A.-I Sri Rao Narendra Singh has submitted that it is a transfer matter. The opposite party No. 2 is wife and she is resident of Versus Counsel for Applicant(s) : Anshuman Mishra Counsel for Opposite Party(s) : G.A. Chaitanya Vishwa Mohan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. And Another .....Opposite Party(s)
Lucknow, therefore, the convenience of wife should be considered and there is also no mention in the application as to how the applicant is being made to harass by the opposite party No. 2 or any other person, who is/was at Lucknow, nor any F.I.R. or any complaint is lodged by the applicant mentioning any such incident. It is further submitted by Sri Rao Narendra Singh that mere allegation that one Additional District Judge, close blood relative of the opposite party No. 2, is posted at Lucknow, will serve no purpose in the present case, because it is not allegation that the Judge, who is looking into case, is blood relative of opposite party No.
2. It is also submitted by Sri Rao Narendra Singh that even name of the Addl. District Judge, who is going to influence the case, is not mentioned in the application. 5. After going through the record, I do not find that there is any good ground to interfere and transfer the case.
Reason being that there is no averment that at any point of time applicant has lodged any F.I.R. or any complaint before any authority mentioning therein that opposite party No. 2 or any other family member used to harass him while coming to Lucknow. Besides, I do not find name of the Addl. District Judge, who is said to be relative of the opposite party No. 2. There is no evidence, which can support the case of the applicant. The application is devoid of merit and it is accordingly dismissed. December 15, 2025 A.Nigam TACR No. 117 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench