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2025 DAILYLAW 41453 (ALL)

SMT VARSHA RANI v. State of U.P. AND Others

TACR/225/2024 · 2025-03-16

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37288 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 225 of 2024 Applicant :- Smt Varsha Rani Opposite Party :- State of U.P. and Others Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- Ashok Kumar Singh,G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Code of Criminal Procedure seeking transfer of Case No. 494 of 2015 titled State Vs. Dinesh and others, arising out of Case Crime No. 286 of 2007, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Hapur Dehat, District Hapur, pending before the Chief Judicial Magistrate, Hapur to District Aligarh. During the course of hearing, it is not disputed by learned counsel for applicant that the case was registered in the year 2007, wherein the charge sheet was filed under Section 173(2) Cr.P.C. on 16.5.2008 and since then the trial is pending against the accused persons, who are on bail and are attending the dates of hearing. Further, it is fairly stated by learned counsel for applicant that during the pendency of the trial proceedings, the matter was settled between the parties and the applicant had resumed the company of her husband, but after spending approximately two weeks with him, again a dispute arose and they are again separated. Upon hearing the learned counsel for the applicant and considering his submissions, this Court finds that no sufficient ground is made out by the applicant for transfer of the case from District Court Hapur to Aligarh and convenience alone cannot be treated as a valid ground for transfer of the case. That apart, the distance between two towns is merely 110 KM, which are well connected, therefore, no case is made out for transfer of the said case. In view of the above, the application is dismissed. Order Date :- 17.3.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad