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2025 DAILYLAW 60215 (ALL)

SHAILENDRA KUMAR v. STATE OF U.P. AND ANOTHER

TACR/248/2025 · 2025-05-19

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84436 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 248 of 2025 Applicant :- Shailendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pande Priti Premshankar,Som Pal Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Maintenance Case No.704 of 2023, titled Arti Vs. Shailendra Kumar, under Section 125 Code of Criminal Procedure, pending in the court of Principal Judge, Family Court, Saharanpur to elsewhere except districts Saharanpur, Azamgarh, Basti and Lucknow. Learned counsel submits that the applicant though is paying a monthly maintenance of Rs.10,000/- to the wife on the basis of a compromise, but he apprehends that the wife may implicate him in a false case at district Saharanpur where her claim under Section 125 Code of Criminal Procedure for maintenance is pending adjudication. Learned counsel prays that the case be transferred elsewhere except in districts Azamgarh, Basti and Lucknow. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, as on one hand the applicant is adhering to the alleged compromise between the parties and in the same breath, he is apprehending his false implication. Concededly, no other case has been filed by the wife against the husband and the prayer in the application is baseless. Consequently, the application for transfer of the case is without a valid cause of action, therefore, the same is dismissed with costs of Rs.5,000/-. The cost to be deposited within one month before the Registrar General, High Court Allahabad, who will, thereafter forward the same to the High Court Legal Services Committee. Order Date :- 20.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad