Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 583 of 2024 Applicant :- Ramesh Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Patel,Neeraj Singh Yadav Counsel for Opposite Party :- Ajai Kumar Singh,G.A. Hon'ble Manoj Bajaj,J. Heard learned counsel for the applicants and learned counsel for the opposite party no.2. By means of this application, the applicants are seeking transfer of Criminal Case No.3385 of 2017 (State of UP v. Ramesh Sharma & ors) under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Kanpur Nagar to some other court of competent jurisdiction at Jhansi. Learned counsel for the applicants has argued that as a result of a matrimonial dispute between the opposite party no.2 and applicant no.1, litigation between the parties commenced and three cases at the instance of opposite party no.2 are pending at Kanpur Nagar. The cases are for maintenance under Section 125 Cr.P.C., prosecution of applicant under Section 498-A IPC etc. and a complaint under Domestic Violence Act. He submits that the applicants are permanent residents of Ujjain and it is difficult for them to travel to Kanpur Nagar on each and every date of hearing. Further, it is pointed out that on 18.12.2023, the accused were attacked by the opposite party no.2 and her associates and a complaint in this regard was given on 11.01.2024. He prays that it would be in the interest of justice if the trial is transferred to Jhansi. The prayer is opposed by learned counsel for the opposite party no.2 who has argued that on 18.12.2023, the accused had surrendered though the trial was fixed for 15.01.2024, therefore, the opposite party no.2 had no occasion to attack the applicants. He prays that the application be dismissed. Upon hearing learned counsel for the parties and considering their submissions, this Court finds that the applicants are seeking transfer of the trial which is pending since 2017 on the sole ground of convenience of one party and they are already participating in the trial as admittedly two prosecution witnesses including the complainant have already been examined. Learned counsel for the applicant has not refuted the stand of the counsel for the opposite party no.2 relating to the proceedings dated 18.12.2023. Concededly, no application for transfer of other cases pending at Kanpur Nagar under the DV Act has been moved by the applicants. In the above background, no exceptional ground is made for transfer of the trial. The application is accordingly, dismissed. Order Date :- 6.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad