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Neutral Citation No. - 2025:AHC:73711 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 181 of 2025 Applicant :- Smt. Harshita Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of Case No.3015 of 2024, titled State Vs. Uddhav and two others, arising out of case crime no.321 of 2023, under Sections 323, 498-A, 504 I.P.C and U/s 3/4 Dowry Prohibition Act, Police Station- Highway, District Mathura from the court of Chief Judicial Magistrate, Mathura to the competent court of jurisdiction at District Agra or any other District Court of Uttar Pradesh.
Learned counsel submits that the applicant was married to opposite party no.2 on 5th February, 2022 and soon thereafter the differences arose between the couple leading to their separation. He submits that out of this wedlock, one daughter was born, who is presently more than two years old, therefore, it is difficult for the applicant to pursue the case at Mathura, as the applicant is residing with her parents at Agra. He prays that the case be transferred to Agra. Upon hearing the learned counsel and considering his submissions, this Court finds that the prosecution of the opposite parties is based upon police report and at best the applicant is a witness, who is residing with her parents. If she has to go to Mathura to attend the
trial proceedings for recording her deposition, her parents can take care of her minor daughter. That apart the distance between the two cities is only sixty kilometers, which is conveniently connected, therefore no case is made out to transfer the case of the applicant. This application is dismissed.
Order Date :- 7.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad