Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 387 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant- Harendra Kumar has filed this application under Section 447 B.N.S.S., 2023 seeking transfer of Case No.449 of 2023, titled Durgawati Vs. Harendra Kumar, under Section 125 Code of Criminal Procedure, pending in the court of Principal Judge, Family Court, Mathura to Principal Judge, Family Court, Aligarh. Learned counsel refers to the communication by Judicial Magistrate, Mathura dated 4th April, 2025 (Annexure No.3) to point out that the opposite party no.2 being a practicing Lawyer had been pressurizing the trial court, therefore, the Presiding Officer requested the Chief Judicial Magistrate, Mathura for transfer of case(s). On this sole ground, he prays for transfer of the pending proceedings before some other court of competent jurisdiction outside district Mathura. Concededly, the communication dated 4th April, 2025 relates to the other case under Section 31 of Protection of Women from Domestic Violence Act, 2005 and the said case has already been transferred to some other court by the Chief Judicial Magistrate, Aligarh, and further a perusal of the zimni orders would show that in the maintenance case the applicant- husband has been continuously keeping himself away from the trial proceedings and is not appearing. Thus, no ground is made out for transfer the case, and the application is dismissed. Versus Counsel for Applicant(s) : Mahendra Tripathi Counsel for Opposite Party(s) : G.A. Harendra Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
August 18, 2025 Raj TACR No. 387 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad