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2025 DAILYLAW 6065 (ALL)

NRASHYANT SINGH AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

TACR/23/2025 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58895 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 23 of 2025 Applicant :- Nrashyant Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi,Vidya Sagar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. 1. Applicant has filed this application under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking transfer the proceedings of Complaint Case No.3000597 of 2013, titled Sandeep Singh Solanki Vs. Nrishyant Singh and others, under Sections 406, 506 Indian Penal Code, 1860, Police Station- Sadar Bazar, District Agra, pending in the court of Additional Chief Judicial Magistrate-7th, Agra to the competent court of jurisdiction at district- Etah. 2. Learned counsel has argued that as a result of matrimonial dispute between applicant no.6 Smriti and opposite party no.2 Sandeep, two cases filed by the applicant no.6 are pending at Etah i.e. a criminal trial for the offence punishable under Section 498 A IPC etc. and a maintenance case under Section 125 Cr.P.C. According to him, the husband had filed the subject complaint at Agra, which is also pending adjudication but it is difficult for the wife and her close relatives to pursue the case at Agra, who are residing at Etah. He prays for transfer the case to Etah. 3. It is not disputed by learned counsel that the process against the applicants was issued on 11th February, 2014 in the subject complaint case and the accused have been appearing before the trial. Though, an attempt has been made to set up a ground of threats to seek transfer of the case but the said ground is not supported with any convincing material. That apart the distance between the two towns is merely 70 kms, which are conveniently connected, therefore, no ground is made for transfer of a case. 4. This application is dismissed. Order Date :- 21.4.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad