Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 71695 (ALL)

SMT SALONI GUPTA v. STATE OF U.P. AND ANOTHER

TACR/323/2025 · 2025-07-20

Manoj Bajaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:117885 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 323 of 2025 Applicant :- Smt Saloni Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this petition under Section 447 B.N.S.S. for transfer of Case No. 13176 of 2024; titled Saloni Gupta Vs. Sahil Gupta, arising out of Case Crime No. 261 of 2024, under Sections 498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 D.P. Act, Police Station Phase-II, District Gautambudh Nagar pending before the Civil Judge (Senior Division)/FTC, Gautambudh Nagar to the court of competent jurisdiction at District Kannauj. Learned counsel for the applicant submits that as the applicant is residing at Kannauj alongwith her one and half years old son, therefore, it is difficult for her to pursue the subject case, pending adjudication at Gautambudh Nagar. Learned counsel submits that another transfer application bearing Transfer Application (Civil) No. 442 of 2025 seeking transfer of divorce petition filed by the husband-opposite party no.2 under Section 13 Hindu Marriage Act, 1955 to Kannauj is also pending adjudication, therefore, he prays that the criminal trial be also transferred to Kannauj. Upon hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application, as concededly the applicant herself lodged the F.I.R. at Gautambudh Nagar. Since, the case is based upon a police report and the applicant being a complainant is only a witness, and further her interest is protected by public prosecutor, therefore, no case is made out for transfer of the case. The application fails and is hereby dismissed. Order Date :- 21.7.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad