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2025 DAILYLAW 75971 (ALL)

SMT MEGHA KHANNA AND ANOTHER v. STATE OF U.P. AND ANOTHER

TACR/337/2025 · 2025-07-21

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119325 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 337 of 2025 Applicant :- Smt Megha Khanna And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kirtikar Pande Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Criminal Case No.24519 of 2023, titled Manmohan Arora Vs. Sunil Khanna and another, under Sections 406, 420, 504, 506 and 120B IPC, registered at Police Station Kotwali Agra, District Agra, pending in the court of C.J.M. Kasganj to the competent court of jurisdiction at Badaun. Learned counsel for the applicants has argued that as a result of matrimonial dispute between applicant no.1 and son of opposite party no.2, the litigation between them started and four cases detailed in para-12 of the application filed at the instance of applicant no.1 are pending adjudication before the District Court, Badaun. He submits that the subject case, titled Manmohan Arora Vs. Sunil Khanna and another has been filed by the father-in-law of applicant no.1, which is pending adjudication at Kasganj where the applicants are being threatened. He submits that the applicant no.1 is a lady without any source of income, and is dependent upon her father (applicant no.2), who is also not keeping good health, therefore, he prays for transfer of the case to Badaun. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in the application as initially the case was filed by opposite party no.2 at Agra and later, upon application moved by the applicants, the same was transferred from Agra to Kasganj. The said order was passed on 10.01.2023 in Transfer Application (Criminal) No.602 of 2022 (Annexure No.2). That apart, the allegations of alleged threat by the opposite party no.2 is only a bald averment and the same is not supported with any convincing material. Merely because few other cases filed by applicant no.1 are pending at Badaun, that alone cannot be construed as a good ground for again transferring the subject case to some other district. In the considered opinion of this Court, the application is frivolous, therefore, the same is dismissed with costs of Rs.10,000/- to be deposited with the High Court Legal Services Committee, High Court, Allahabad. Order Date :- 22.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad