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2025 DAILYLAW 28423 (ALL)

REENA v. STATE OF U.P. AND 4 OTHERS

TACR/144/2025 · 2025-03-16

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37327 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 144 of 2025 Applicant :- Reena Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mahendra Pratap Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S. seeking transfer of criminal case no.1798 of 2015, titled State Vs. Sanjeev Kumar Yadav and others, arising out of Case Crime No.270 of 2014, under Sections 406, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, Police Station- Sahajanva, District Gorakhpur, pending in the court of Civil Judge (Senior Division)/Fast Track Court, District Gorakhpur against opposite party nos.2 to 5 from the court of Gorakhpur to competent court of jurisdiction at District- Basti. Learned counsel for the applicant has argued that the accused nos. 2 to 5 despite warrants have not appeared before the trial court till date and on the other hand, they have extended threats to the applicant, therefore, it is difficult for her to pursue the pending case. He submits that it would be in the interest of justice, if the case is transferred to District Basti where the applicant is residing. During the course of hearing, it is not disputed by the learned counsel for the applicant that the prosecution of opposite party nos. 2 to 5 arises out of a matrimonial dispute, based upon case crime no.270 of 2014, under Sections 406, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, wherein in the charge- sheet against the accused was filed in the year 2014. The said case is pending for a last one decade, but the grounds raised for transfer are absolutely vague and without any particulars. There is nothing on record to suggest that the applicant is actually attending each and every date of hearing and the assertions contained in paragraph nos.9 and 10 do not make out a sufficient grounds for transfer the case of the applicant. Consequently, the application is dismissed. Order Date :- 17.3.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad