PRAVEEN KUMAR CHAUBEY v. STATE OF U.P. AND ANOTHER
TACR/213/2025 · 2025-04-23
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46411 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46411 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:62212 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 213 of 2025 Applicant :- Praveen Kumar Chaubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 BNSS seeking transfer of Misc. Case No. 638 of 2024, titled Praveen Kumar Chaubey Vs. Seema, pending before the Principal Judge, Family Court, Sonabhadra to any other district.
Learned counsel for applicant-husband has argued that a year after the marriage, the parties separated in the year 2022, and thereafter, litigation between them commenced relating to the matrimonial dispute. Learned counsel submits that firstly, the wife had lodged the F.I.R. against the applicant and his close relatives through a Case Crime No. 6 of 2022, under sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Sonabhadra, which is pending trial.
Learned counsel submits that besides this, she also claimed maintenance under Section 125 Cr.P.C., wherein vide ex-parte
order dated 30.11.2023 a maintenance of Rs.8,000/- per month was awarded in her favour and through Case No. 205 of 2024, under Section 128 Cr.P.C. she claimed execution of the order dated
30.11.2023. Subsequently, the applicant had moved an application for recalling the order dated 30.11.2023, which is pending
consideration and the wife is extending threats to the applicant for withdrawal of the said application, therefore, he has filed this application for transfer of the case. During the course of hearing, it is not disputed by learned counsel for applicant that the application under Section 128 Cr.P.C. stands
disposed of as the applicant had admitted his liability and paid the due amount of Rs.1,60,000/- through cheque. Upon hearing the learned counsel for applicant and considering his
submissions, this Court does not find any merit in the application as the sole ground of alleged threat extended to the applicant is not
worth believing, as the applicant himself had admitted his liability while clearing the arrears of maintenance through cheque. That apart, the applicant is not seeking transfer of the trial no. 8917 of 2022, arising out of Case Crime No. 6 of 2022. In view of the above, no case is made out for transfer of the case. The application is dismissed.
Order Date :- 24.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad