Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125200 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 354 of 2025 Applicant :- Smt. Shashivala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Narain Pathak Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S., 2023 for transfer of Criminal Case No. 1067 of 2022, titled Shashivala Vs. Praveen Singh, under Section 128 Cr.P.C., Police Station Kubersthan, District Kushinagar, pending before the Additional Principal Judge, Family Court, Kushinagar to the court of competent jurisdiction at Deoria.
Learned counsel for the applicant submits that district Kushinagar is 70 Kilometers away from the place of residence of applicant whereas Deoria is at a distance of 20 kilometers, therefore, if the subject case is transferred to Deoria, it would be convenient for her to pursue the subject case. He prays for transfer of the case from Kushingar to Deoria. Concededly, the main case of maintenance under Section 125 Cr.P.C. stands adjudicated in favour of the wife-applicant and presently, the proceedings under Section 128 Cr.P.C. seeking execution of the maintenance order are pending, wherein the husband has not been appeared. Considering the background of the case, particularly the distance between two towns and the nature of the pending proceedings, no case is made out for transfer of the case. The application is dismissed.
Order Date :- 29.7.2025 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