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Neutral Citation No. - 2025:AHC:51625 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 188 of 2025 Applicant :- Dharmendra Saraswat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gauri Shanker Mishra 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.553 of 2024, titled Smt. Supriya Saraswat vs. Dharmendra Saraswat, under Section 125 Code of Criminal Procedure, Police Station Jamunapar, District Mathrua from the court of Family Court, Mathura to some other court of competent jurisdiction outside Mathura.
Learned counsel contends that brother of opposite party no.2 is an advocate, who is threatening the applicant, therefore, he is unable to contest the maintenance case filed by opposite party no.2 at Mathura. He submits that on 23rd July, 2024 when he visited the court complex to file his reply, he was stopped by the brother of opposite party no.2 and was not allowed to attend the court proceedings. He prays that it would be in the interest of justice, if the the case is transferred to some other court of competent jurisdiction outside Mathura. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the application as on 23rd July, 2024 the case was adjourned on the ground of absence of the respondent- wife and the service upon the applicant- husband was
completed on 26th September, 2024. Lastly, vide order dated 11th February, 2025, the trial court refused to give more time for filing the written statement and concededly, the said order has not been challenged by the applicant. That apart, no copy of the written statement, which was to be filed 23rd July, 2024 has been placed on record to substantiate the ground that the applicant visited the court to file his response. This application is dismissed.
Order Date :- 9.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad