Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121797 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 347 of 2025 Applicant :- Smt. Surya Aggarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Srivastava 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 Complaint No. 354 of 2025; titled : Sanjay Aggarwal v. Surya Aggarwal and others, under Section 308, 351, 356 of B.N.S., Police Station Bisrakh, District Gautam Budh Nagar, pending before the Civil Judge (Junior Division) Gautam Budh Nagar to the any other court of competent jurisdiction at district- Jalaun.
Learned counsel for the applicant has argued that the opposite party no.2, who is father-in-law of the applicant, has falsely implicated her in the subject case which is pending adjudication at Gautam Budh Nagar, and it is difficult for the applicant to attend the case, as her parents being old are not able to support her. He submits that as a result the applicant has not appeared before the trial Court pursuant to the notice issued in the subject complaint, therefore, it would be convenient for the applicant, if, the case is transferred to Jalaun. After hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in this application as in paragraph-12 of the affidavit appended with the application for transfer, it is specifically pleaded by the applicant
that when she visited the place to collect the documents, she was extended threats by the opposite party no.2. This pleading is contrary to the ground pressed for transfer of the trial. Since the applicant is yet to put in appearance before the trial Court, therefore, this Court does not find it to be a fit case for transfer of the trial, as no convincing ground has been made out by the applicant. Resultantly, the application fails and is 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