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Neutral Citation No. - 2025:AHC:72545 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 315 of 2024 Applicant :- Deepak Kevre Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.,Kumar Dhananjay Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Misc. Case No.302 of 2024, titled Kumari Dakshita Kevre Vs. Deepak Kevre, under Section 125 Code of Criminal Procedure, pending int he court of Principal Judge, Family Court, Ghaziabad to the competent court of jurisdiction at Jhansi.
Learned counsel for the applicant submits that as a result of matrimonial dispute between the applicant and his wife opposite party no.2, two cases are pending at Ghaziabad i.e. maintenance case under Section 125 Code of Criminal Procedure and criminal trial under Section 498-A IPC etc. and both these cases were filed by opposite party no.2- wife. Learned counsel submits that both the parties are doctor by profession, who are employed in same office in Jhansi and are residing there, therefore, it would be in the interest of justice, if the maintenance case under Section 125 Code of Criminal Procedure is transferred from Ghaziabad to Jhansi. During the course of hearing, learned counsel has fairly stated that no application seeking trnasfer of the criminal trial has been moved and he has only filed an application for quashing of the said case, which is pending. Considering the above background, particularly the nature of the proceedings sought to be transferred, this Court finds that the interest of the applicant can be protected by his Advocate, who is representing him. No exceptional ground is made out for transfer the case. Dismissed.
Order Date :- 6.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad