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2025 DAILYLAW 29126 (ALL)

SMT KOMAL GUPTA v. PRAYASH AGARWAL ANAD ANOTHER

TACR/152/2025 · 2025-08-19

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142419 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 152 of 2025 Applicant :- Smt Komal Gupta Opposite Party :- Prayash Agarwal Anad Another Counsel for Applicant :- Dinesh Kumar Maurya,Rama Kant Gupta Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- Smt Komal Gupta has filed this application under Section 447 B.N.S.S, 2023 seeking transfer of Case No.680 of 2023, titled State Vs. Prayash Agarwal, arising out of case crime no.38 of 2022, under Sections 498A, 323 IPC, registered at Police Station Mahila Thana, District Shambhal, pending in the court of Additional Chief Judicial Magistrate, Chandaushi at Shambhal to some other court of competent jurisdiction at District Kanpur Nagar. On the last occasion because of the absence of the learned counsel for the applicant- complainant, the case was adjourned. Today again, no one has appeared to represent applicant- complainant. A perusal of the paper book would reveal that the applicant being a complainant in the subject case is seeking prosecution of her husband for alleged commission of offences under Section 498A IPC etc. It is pleaded that on many occasions when complainant visited Sambhal, she was given beatings by the accused and she apprehends that some mishap may take place with her, while pursuing the case at Sambhal. Admittedly, the case is of the year 2022, which is based on police report and the complainant at best is only a witness, who is to appear only for recording her testimony. The allegations of alleged beating etc. are vague and without any particulars and even no date and time etc. of the alleged beatings are mentioned. Thus no ground is made out for transfer of the case. This application is dismissed. Order Date :- 20.8.2025 Raj TACR No. 152 of 2025 2 Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad