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2025 DAILYLAW 19147 (ALL)

LALIT @ VAIJANT v. STATE OF U.P. AND 3 OTHERS

TACR/95/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71806 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 95 of 2025 Applicant :- Lalit @ Vaijant Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- R.B. Pal Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Case No.150 of 2014, titled Smt. Krishnkanit and others vs. Lalit @ Vaijant, under Section 125 Code of Criminal Procedure, pending in the court of Additional Principal Judge, Family Court, Mainpuri to the Principal Judge, Family Court, Mainpuri. Learned counsel submits that the applicant was married to opposite party no.2 on 29th October, 2009 and thereafter the differences arose, and case number 150 of 2014, titled Smt. Krishnkanit and others vs. Lalit @ Vaijant, U/s 125 Code of Criminal Procedure has been filed by opposite party no.2- wife seeking maintenance at Mainpuri, which is pending adjudication before Additional Principal Judge, Family Court Mainpuri. Further, reliance is placed upon on a medical prescription Annexure No.2 to contend that the applicant- complainant is suffering from Tuberculosis, who is also ready for compromise in the case. Therefore, he prays for transfer of the case from Additional Principal Judge, Family Court, Mainpuri to Principal Judge, Family Court, Mainpuri. During the course of hearing, it is not disputed by the learned counsel that his transfer application has already been rejected by the Principal Judge, Family Court, Mainpuri on the ground that he repeatedly absented and not cooperating in the court proceedings. After hearing the learned counsel and considering his submission, this Court does not find any merit in this application as transfer application moved by the applicant before Principal Judge, Family Court, Mainpuri for transfer of the case from Additional Judge, Family Court, Mainpuri, has already been dismissed because of his continuous non- appearance. Further, the medical reports of the applicant are of the years 2018-19 (Annexure no.2), therefore, no exceptional ground is made out for transfer of the case. Dismissed. Order Date :- 5.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad