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2025 DAILYLAW 397 (UTT)

NEERAJ BUDAKOTI ALIAS NEERAJ KUMAR v. NEHA JOSHI

C447/42/2025 · 2026-04-23

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-447 No. 42 of 2025 Hon’ble Alok Mahra, J. Mr. Vikas Bahuguna, learned counsel (through V.C.) and Mr. Yash Bisht, learned counsel for the applicants. 2. Ms. Pushpa Joshi, learned Senior Counsel, assisted by Ms. Nipush Mola Joshi, learned counsel for the respondent. 3. This is transfer application filed by the applicant with a prayer to transfer the Criminal Case No. 39 of 2025, Neha Joshi Vs. Neeraj Budakoti and Others, under Section 12 of Domestic Violence Act, 2005, pending before the court of learned Judicial Magistrate 1st Class, Tharali, District Chamoli to the competent court at District Dehradun. 4. Learned counsel for the applicant would submit that applicant no. 1 is husband of the respondent. It is further submitted that since applicant no. 1 has suffered a serious accident in the year 2018, he faces difficulty in walking in the hilly terrains; therefore, he is seeking transfer of Criminal Case No. 39 of 2025, Neha Joshi Vs. Neeraj Budakoti and Others, which is pending before the court of learned Judicial Magistrate 1st Class, Tharali, District Chamoli either to Dehradun or to some other place nearer to his residence. 5. Per contra, learned Senior Counsel appearing for the respondent would submit that the court at Tharali is by roadside and easy accessible by vehicle and by transferring the aforesaid criminal case, applicants are trying to delay the proceedings. 6. Heard learned counsel for the parties and perused the record. 7. Having heard learned counsel for the parties under the facts and circumstances of the case, this Court does not find any good reason to transfer the Criminal Case No. 39 of 2025, Neha Joshi Vs. Neeraj Budakoti and Others, under Section 12 of Domestic Violence Act, 2005, pending before the court of learned Judicial Magistrate 1st Class, Tharali, District Chamoli to the competent court at District Dehradun or some other place. 8. Accordingly, the criminal misc. application fails and is hereby dismissed. (Alok Mahra J.) 23.04.2026 Ujjwal