Neutral Citation No. - 2025:AHC:37328 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 432 of 2024 Applicant :- Sonam Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.,Indra Dev Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Code of Criminal Procedure seeking transfer of Sessions Trial No. 369 of 2024, titled State Vs. Sandeep and others, arising out of Case Crime No. 287 of 2023, under Sections 498-A, 323, 504, 506, 377, 354, 354-A I.P.C., Police Station Salimar Garden, District Ghaziabad pending before the Civil Judge (J.D.), Ghaziabad to District Bulandshahr. Learned counsel for applicant has argued that the applicant was married to Sandeep Kumar-opposite party no.2 on 16.2.2023 and soon thereafter, the differences arose between the couple leading to their separation. Learned counsel submits that the applicant even after separation settled at Bulandshahar and two cases filed by her against the opposite party nos.2 to 7 under Protection of Women from Domestic Violence Act, 2005, and under Section 125 Cr.P.C. are pending before the courts of competent jurisdiction at Bulandshahar. Learned counsel further submits that the applicant had also lodged a criminal case bearing Case Crime No. 287 of 2023, under Sections 498-A, 323, 504, 506, 377, 354, 354-A I.P.C. at Police Station Salimar Garden, District Ghaziabad against opposite party nos.2 to 7, which is also pending trial before the Chief Judicial Magistrate, Ghaziabad. Learned counsel has argued that the opposite party nos. 2 to 7 have been threatening the applicant and are pressurizing her to withdraw the criminal case, therefore, it is difficult for her to pursue the said case at Ghaziabad. Learned counsel submits that as other two cases are pending at Bulandshahar, therefore, it would be in the interest of justice, if, the criminal case pending at Ghaziabad is also transferred to Bulandshahar, as it would be convenient to the applicant to pursue the said case. The prayer is opposed by learned counsel for opposite party nos.2 to 7, who has argued that the pending trial at Ghaziabad is based upon a police report and applicant at best is a witness, who is to appear only for recording her testimony. Learned counsel has pointed out that it was applicant herself, who got registered the criminal case at Ghaziabad and the other two cases earlier filed by her are still pending at Bulandshahar, and no particular instance of any threat to the applicant has been mentioned in the application. Learned counsel submits that the opposite party nos. 2 to 7 being accused are based at Ghaziabad, and if, the trial is transferred to Bulandshahar, it would put them to inconvenience as they are to appear before the trial court on each and every date of hearing. He prays that the application be dismissed. Upon hearing the learned counsel for the parties and considering their submissions, this Court does not find any merit in the application as the parties after their marriage on 16.2.2023 resided together for a brief period and litigation between them commenced within three months i.e. May, 2023. The charge sheet in the subject case was filed on 1.11.2023 and the proceedings are pending before the trial court after the cognizance order dated 15.3.2024. A perusal of the application would show that the applicant has made a vague averment regarding threats by the opposite party nos.2 to 7, and neither any particulars of the alleged threat are given nor any complaint in this regard to the authorities has been made. During the course of hearing, it is fairly stated by learned counsel for applicant that the she was born and brought up at Ghaziabad, but after separation with her husband, she is residing with her uncle at Bulandshahar. Most importantly, the memo of parties attached to the application would show that the applicant has given her address of Ghaziabad as well, which is her parental house, therefore, it cannot be said that pursuing the case at Ghaziabad would be cumbersome for the applicant. Consequently, the application is dismissed. Order Date :- 17.3.2025 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