HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 292 of 2024 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present transfer application has been moved by the applicant under Section 407 Cr.P.C. seeking transfer of Compliant Case No. 689 of 2022 CNR No. UPMO040383152022 (Km. Urfiya Jameel Vs. Swaleha Begum and another) under Section 500 1.P.C. Police Station Civil Lines, District- Moradabad pending in the court of Civil Judge (Jr. Div.) (F.T.C.) (Crime Against Women), Moradabad to the competent court of any nearby district. Further prayer has been made to stay the further proceedings of the aforesaid case. 3. It is submitted by the learned counsel for the applicant that the opposite party no.2, complainant of this case, is a practicing Advocate at District Moradabad and she makes a lot of nuisance and also makes attempts to restrain the applicants / accused to enter into the Court premises and under her influence no counsel at district Moradabad is ready to do pairvi of the case of the applicant. It is also submitted that to this effect the applicant has also moved an application before the Sessions Judge, Moradabad. It is also submitted by learned counsel for the applicants that opposite party no.2 had filed a suit for permanent injunction on incorrect facts in the court of Civil Judge (S.D.), Moradabad which was registered as Original Suit No.431 of 2021. It is further submitted that opposite party no.2 is occupying the ground floor of house of applicants illegally and the applicants had already filed suit for eviction being Original Suit No.411 Versus Counsel for Applicant(s) : Mohd. Asim Zulfiquar Counsel for Opposite Party(s) : G.A., Gulrez Khan, Iqbal Ahmad Swaleha Begum .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of 2023. Since the opposite party no.2 is a practicing advocate in the Moradabad judgeship, she had filed false cases against the applicants to harass them and to illegally grab the house of the applicants. On a complaint to Bar Council of Uttar Pradesh against the opposite party no.2, the U.P. Bar Council took notice of the matter and restrained the opposite party no.2 for practice as an Advocate for six months in any court in India vide order dated 5.8.2023. 5. On the other hand, learned counsel appearing on behalf of opposite party no.2 submits that the allegations levelled against the opposite party no.2 have no substance and only to create ground for transfer of the case to another district the same have been made. It is also submitted that against the order passed by the U.P. Bar Council, an appeal has been preferred by the opposite party no.2 before the Bar Council of India and it had set-aside the order passed by the Bar Council of Uttar Pradesh. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 7. No universal or hard and fast rules can be applied for deciding a transfer application which is always to be decided on the basis of facts of each case. The Hon'ble Apex Court in Vijay Pal and others Vs. State of Haryana and another, 1999 (9) SCC 67 has held that in absence of any justified reason, it is not proper and legal to exercise power under Section 407 Cr.P.C. It is also settled law that if a serious prejudice appears to have been caused to a party it could culminate in grave miscarriage of justice and in this situation it may seek for transfer of its case. 8. In the present case it is not in dispute that opposite party no.2 is a practicing Advocate at Moradabad judgeship and on a complaint, the U.P. Bar Council took notice of the matter and restrained her for practicing as an Advocate for six months in any court in India vide order dated 5.8.2023. There are serious disputes between the applicant and the opposite party no.2 and they are resident of district Moradabad. The opposite party no.2 has filed five cases against the applicants and out of the said cases, some cases have been transferred by a coordinate Bench of this Court to Muzaffarnagar Judgeship. Hence, looking to the facts and TACR No. 292 of 2024 2 circumstances of the case, as stated above, I am of the view that it is in interest of justice that the instant transfer application should be allowed and the aforesaid case be transferred to the Competent Court at Muzaffarnagar from the Court at Moradabad. 9. In view of above, the application is allowed. 10. The Compliant Case No. 689 of 2022 (Km. Urfiya Jameel Vs. Swaleha Begum and another) pending in the court of Civil Judge (Jr. Div.) (F.T.C.) (Crime Against Women), Moradabad is transferred to the Competent Court, Muzaffarnagar judgeship. The Court at Moradabad shall ensure transmission of record to the District Judgeship Muzaffarnagar within one month from the date of receipt of this order. October 15, 2025 SK TACR No. 292 of 2024 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad