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Neutral Citation No. - 2025:AHC:59061 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 36 of 2025 Applicant :- Aashim And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey,Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of Bharatiya Nagarik Suraksha Saniha, 2023, seeking transfer of Complaint Case No.175 of 2022, titled Ahsan Ahmad Vs. Jubair and others, under Sections 323, 504, 506 Indian Penal Code, Police Station- Sherkot, District Bijnor, pending in the court of Additional Chief Judicial Magistrate-III, Bijnor to the competent court of jurisdiction at district- Amroha. As per pleadings, opposite party no.2 was married to the sister of applicant no.1 and matrimonial dispute between them led to filing of three cases by wife i.e. maintenance case under Section 125 Cr.P.C. bearing Criminal Case No.709 of 2023; as well as another complaint under Section 323, 506, 354 (kha) I.P.C. and Section 3/4 Muslim Women (Protection of Right of Marriage) Act, 2019 in Case Crime No.10 of 2023; and the third one is in Complaint Case No.24 of 2023 under Section 406 IPC, which are pending adjudication at Amroha. It is claimed by the applicants that in order to harass the relatives of the wife, the husband has implicated them in a case bearing no. 175 of 2022, pending at Bijnor. The prayer has been made to
transfer the case from Bijnor to Amroha. As per the pleadings itself, the distance between the two towns is only 40 kms, and further in the absence of any sufficient ground for transfer of the case, this Court is not inclined to accept the prayer. The application is dismissed. Order Date :- 21.4.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad