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2025 DAILYLAW 86594 (ALL)

RAVI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

TACR/389/2025 · 2025-08-19

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142265 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 389 of 2025 Applicant :- Ravi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shitlesh Pandey,Shivendra Nath Singh,Yogendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants-Ravi, Harilal, Smt. Shushila, Monu Prajapati, Smt. Pooja Prajapati and Arvind Prajapati have filed this petition under Section 447 B.N.S.S., 2023 for transfer of Complaint No. 87 of 2024; titled Smt. Soni Prajapati vs. Ravi and others, under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Auraiya, District Auraiya, pending before Civil Judge (Junior Division)/F.T.C./Crimes against Women, Auraiya to any other court of competent jurisdiction at District Kanpur Nagar. Learned counsel for the applicants submits that as a result of matrimonial dispute between applicant no. 1 and opposite party no. 2, litigation between them started, and three cases between the parties are pending at Kanpur Nagar. Learned counsel submits that two cases are based on police reports filed by the husband and wife, respectively, against each other, besides a divorce petition by applicant no. 1-husband are pending adjudication before the District Courts at Kanpur Nagar, whereas the subject case under Protection of Women from Domestic Violence Act, 2005 has been filed by opposite party no. 2 at Auraiya. Learned counsel prays for transfer of the case from Auraiya to Kanpur Nagar, as it would be convenient for the applicants to contest the said proceedings. Upon hearing the learned counsel and considering the sole ground, this Court does not find any ground to transfer the case, even if, the other cases between the parties are pending at Kanpur Nagar. In the trial proceedings based on police reports, the respective complainants are only witnesses, and in the subject case, concededly, the appearance of the applicants on each and every date of hearing is not mandatory. That apart, the distance between the two towns is nearly 95 kms, which are conveniently connected, therefore, the prayer for transfer of the case is rejected. Order Date :- 20.8.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad