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2025 DAILYLAW 75485 (ALL)

SUMIT SAXENA v. STATE OF U.P. AND ANOTHER

TACR/330/2025 · 2025-07-16

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115776 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 330 of 2025 Applicant :- Sumit Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Criminal Misc. Application No. 256 of 2025, titled Smt. Rakhi Mathur Vs. Sumit Saxena, under Section 144 B.N.S.S., Police Station Majhaula, District Moradabad, pending before the Additional Principal Judge, Family Court, Moradabad to the court of competent jurisdiction at Budaun. Heard learned counsel for the parties. A perusal of the case file would reveal that applicant-husband has relied upon the alleged threat extended by the wife-opposite party no.2 to him on 15.5.2025, when pursuant to the service of notice on 6.5.2025, he visited district Moradabad, where his wife and four unknown persons extended threat to him. In this regard, the reliance is placed upon a complaint dated 16.5.2025 submitted before the Senior Superintendent of Police, Moradabad through registered post (Annexure No.2). The order dated 27.5.2025 (Annexure No.3) passed by trial court indicates that last opportunity was granted to the applicant-husband for his response to the maintenance claim filed by the wife-opposite party no.2 and the case is posted for 28.7.2025, therefore, it is evident that the applicant has not put in appearance before the Family Court Moradabad. The complaint dated 16.5.2025 is vague and lacking material particulars as no time, place etc. of given threats have been mentioned in the complaint. That apart, it is not believable, that if, the wife is claiming maintenance from her husband, as there is no occasion for her to extend the threat to him. Considering the above background, no convincing ground is made out for transfer of the case. The application fails and is hereby dismissed. Order Date :- 17.7.2025/P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad