HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 80 of 2022 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Case called out. No one appeared on behalf of the opposite party No. 2 to oppose this application despite service of notice, as appears from Office Report dated 22.10.2022. 2. Heard Sri Durga Prasad, learned counsel for the applicants and Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. as well as perused the record. 3. The instant application has been preferred seeking transfer of Criminal Case No. 3808 of 2020 (State vs. Dharmendra Kumar Mishra and others) arising out of Case Crime No. 0021/2020, under Sections- 504, 506, 406 IPC, Police Station- Kotwali Nagar, District- Raebareli from the court of Chief Judicial Magistrate, Court No. 9, Raebareli to the competent court at District- Chitrakoot. 4. It appears from the record that on account of matrimonial dispute/discord between applicant No. 4/Neha Mishra, who is the daughter of applicant No. 1/Dharmendra Kumar Mishra, and Neeraj Tripathi, who is son of opposite party No. 2/Vijay Shanker Tripathi, an FIR registered as Case Crime No. 0001/2020 was lodged by the applicant No. 4/Neha Mishra on 07.01.2020 against her husband and his family members making allegations therein so as to attract the offences as indicated under Sections- 498-A, 323, 504 IPC and Section- 3/4 of D.P. Versus Counsel for Applicant(s) : Durga Prasad Counsel for Opposite Party(s) : G.A., Akash Mishra Dharmendra Kumar Mishra And Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) Act at Police Station- Mahila Thana, District- Raebareli and upon filing of charge-sheet the case was registered as Criminal Case No. 6941 of 2020 (State vs. Vijay Shanker Tripathi and others) and this case has been transferred from the court of Additional Civil Judge, (J.D.)- IX, Raibareli to the appropriate/competent court at Chitrakoot in terms of order dated 07.07.2022 passed by this Court in TRANSFER APPLICATION (CRIMINAL) No. 54 of 2021 (Neha Mishra now Tripathi vs. State of U.P. and others). 5. It also appears from the record that another Case No. 246/2020 filed by the applicant No. 4 has also been transferred to the court of Principal Judge, Family Court, Chitrakoot vide order dated 23.06.2021 passed by this Court in Application U/S 24/Order 39 Rule 2-A CPC No. 51 of 2020 [Neha Mishra (Now Tripathi) vs. Neeraj Tripathi]. 6. It also transpires from the record and stated by the applicants' counsel that two other cases instituted by the applicant No. 4 at District- Chitrakoot in terms of Section 12 D.V. Act and Section 125 Cr.P.C. are still pending. 7. Taking note of the aforesaid and also the settled proposition of law on the subject, the instant application seeking transfer is hereby allowed. 8. Criminal Case No. 3808 of 2020 (State vs. Dharmendra Kumar Mishra and others) arising out of Case Crime No. 0021/2020, under Sections- 504, 506, 406 IPC, Police Station- Kotwali Nagar, District- Raebareli is hereby transferred from the court of Chief Judicial Magistrate, Court No. 9, Raebareli to the appropriate/competent court at District- Chitrakoot. October 7, 2025 Arun/- TACR No. 80 of 2022 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench