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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 463 of 2024 Court No. - 73 HON'BLE SAMEER JAIN, J.
1. Counter affidavit filed by opposite party no.2 is taken on record. 2. Heard Sri Ashutosh Gupta, learned counsel for applicant, Sri Santosh Kumar Singh, learned counsel for opposite party no.2 and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The instant transfer application has been filed by the applicant with a prayer to transfer the proceedings of Case No. 1638 of 2023 (State Vs. Siddharth Pandit and others), under Sections 498A, 323, 504, 325 IPC, Police Station Shahganj, District Agra pending in the court of Special Chief Judicial Magistrate, Agra to the court of Chief Judicial Magistrate, Mathura. 4. Learned counsel for applicant submits, applicant is wife of opposite party no.2 and she filed instant transfer application with a prayer to transfer the case from District Agra to District Mathura on the ground that three cases of the applicant and opposite party no.2 are pending in District Mathura and details of these cases have been mentioned in paragraph-14 of the affidavit filed in support of instant application and opposite party no.2 is appearing in those cases. 5. He further submits, applicant is resident of District Mathura, therefore, for the convenience of applicant and even for convenience of opposite party no.2 the trial of instant case may be transferred from District Agra to District Mathura. 6. Per contra, learned counsel for opposite party no.2 however opposed the prayer but could not dispute the argument on facts advanced by learned counsel for applicant. Versus Counsel for Applicant(s) : Akhilesh Kumar, Ashutosh Gupta Counsel for Opposite Party(s) : G.A., Santosh Kumar Singh Smt Priyanka Sarswat .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
7. Learned AGA also submitted that as applicant is wife of opposite party no.2 and she is resident of District Mathura and three cases amongst the parties are pending in District Mathura, therefore, present case may also be transferred from District Agra to District Mathura considering the convenience of the parties. 8. I have heard both the parties and perused the record of the case. 9. The instant transfer application has been filed by the applicant, who is wife of opposite party no.2 with a prayer to transfer the case from District Agra to District Mathura. 10.
From the record, it reflects, proceedings under Section 125 Cr.P.C., under the provisions of Domestic Violence Act and Section 9 of Hindu Marriage Act are pending in District Court Mathura and it appears, in these cases opposite party no.2 is appearing. 11. Further, applicant, who is wife of opposite party no.2, is the resident of District Mathura and opposite party no.2 is appearing in three cases which are pending in District Mathura, therefore, even for convenience of the parties and in the interest of justice, the trial of the present case should be transferred from District Agra to District Mathura. 12. Accordingly, the instant transfer application stands allowed. 13. The proceeding of aforesaid case is hereby transferred to District Mathura from District Agra. October 13, 2025 AK Pandey TACR No. 463 of 2024 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad