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2025 DAILYLAW 96580 (ALL)

DR RAJNI GAUTAM v. STATE OF U.P. AND ANOTHER

TACR/447/2025 · 2025-09-21

Manoj Bajaj

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 447 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Case No. 9786 of 2020, titled State Vs. Gautendra Singh, arising out of Case Crime No. 108 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Amariya, District Pilibhit, pending before the Judicial Magistrate, Pilibhit to the court of competent jurisdiction at Kanpur. Learned counsel for the applicant has argued that as a result of matrimonial dispute between the parties, they separated and litigation between them commenced. Learned cousnel for applicant submits that the applicant has lodged the F.I.R. at Pilibhit when she was residing there, but later she has shifted to Kanpur Nagar. Learned counsel submits that the brother-in-law of opposite party no.2 is a practicing advocate at Pilibhit and is being pressurized. He prays for transfer of the subject case from Pilibhit to Kanpur. Concededly, the statement of complainant-applicant has been recorded during trial, who is being cross-examined, but at this stage, learned counsel makes a separate prayer and presses for issuance of directions to expedite the trial proceedings. Upon hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application as mere convenience of one party cannot be construed as a valid ground for transfer of the case. That apart, the prosecution of accused is based upon police report and the applicant is at best is only a witness and her interest is protected by State. Resultantly, the application fails and is hereby dismissed. (Manoj Bajaj,J.) September 22, 2025/P.S.Parihar Versus Counsel for Applicant(s) : Dev Prakash Singh Counsel for Opposite Party(s) : G.A. Dr Rajni Gautam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad