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2025 DAILYLAW 77591 (ALL)

SMT. ANSHU ALIAS SHIBU AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

TACR/346/2025 · 2025-07-23

Manoj Bajaj

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121322 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 346 of 2025 Applicant :- Smt. Anshu Alias Shibu And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S. seeking transfer of application No. 203 of 2022; titled : Smt. Anshu @ Shiboo and another v. Sonu and 4 others, under Section 12 Domestic Violence Act, Police Station Kotwali, District Lalitpur, pending before the Civil Judge (J.D.)/F.T.C., Lalitpur to any other court of competent jurisdiction at district- Jhansi. Learned counsel for the applicant prays for transfer of the case on the ground that the husband and wife both are residing at Jhansi, however, the case was filed at Lalitpur as mother of the applicant no.1 is posted in a police department who is likely to be transferred to some other place. Concededly, the applicant no.1 and her husband are permanent residents of Jhansi but the wife-applicant no.1 had chosen to file the case at Lalitpur which is situated at a distance of 100 kms from Jhansi. During the course of hearing, it is clearly stated by learned counsel for the applicants that the mother of applicant no.1 is still posted at Lalitpur and no order transferring her posting has been received by her. Apparently, the application is frivolous and founded upon a misplaced ground. Resultantly, the application fails and is hereby dismissed. Order Date :- 24.7.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad