R/CR.MA/10239/2026 ORDER DATED: 02/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR TRANSFER) NO. 10239 of 2026 ========================================================== ANKITA VINODKUMAR NAGVADIA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JAIMIL D DOSHI(11097) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 MEET THAKKAR APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 02/07/2026 ORAL ORDER 1. The present application is filed with following reliefs:- “a) This Hon'ble Court may be please to pass appropriate order transferring Criminal Miscellaneous Application No. J- 416 of 2022 from the court of Ld. Chief Judicial Magistrate Court, Valsad, Gujarat to any of the competent Ld. Magistrate Court at Ahmedabad.; b) Such other and further relief/s as may be deemed just and proper may kindly be granted in the interest of justice.” 2. Learned advocate Mr. Jay Palsinh Vaghela, appearing for respondent Nos. 2 and 3, has placed on record an affidavit of the respondent-husband, which is ordered to be taken on record. The same is reproduced hereinbelow. “I, Dr. Kashyap Laxmanbhai Zala, Aged: 38 , residing at Vejalpur, Ahmedabad do hereby solemnly affirm and state on oath as under: R/CR.MA/10239/2026 ORDER DATED: 02/07/2026 1. I have gone through the averments made in the present application preferred by the Applicant under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of Criminal Misc. Application No. J-416 of 2022 pending before the Learned Chief Judicial Magistrate, Court No.2, Valsad to the competent Court at Ahmedabad. 2. At the outset, I respectfully submit that the Respondents have no objection if this Hon'ble Court is pleased to transfer the aforesaid proceedings from the Court at Valsad to any competent Court at Ahmedabad. 3. It is submitted that I've gone through contents of the petition and I may not dealing with para vise since objection are not made for rejecting prayer and from bare reading of averment it seems that health of minor is residing with his mother and now health of minor is not good, therefore treatment is going on at Ahmedabad hospital as averred in the petition and being father of the child would not object to such request for the welfare of the child. 4. It is further submitted that the Respondents are also presently residing at Ahmedabad. Therefore, transfer of the to Ahmedabad would not cause any inconvenience or prejudice to the Respondents. proceedings 5. I say and submit that since the interest of health of minor is averred in the petition and therefore respondent would be last person to object such request made by the petitioner before this court and even transfer is made to the any competent court as prayed in the petition it may not cause any prejudice to the respondent, therefore respondent request to allow the prayer made in the petition. R/CR.MA/10239/2026 ORDER DATED: 02/07/2026 6. I respectfully submit that since question in the present petition is with regard to transfer of the case and not merits of the case, and therefore petitioner would not have any objection as nothing is prayed on merits. 7. I respectfully pray that while allowing the present transfer application, this Hon'ble Court may clarify that all the rights, defences and contentions of the parties in Criminal Misc. Application No. J-416 of 2022 shall remain open and shall be decided independently on their own merits without being influenced by any observations made in the present proceedings. 8. I say and submit that I reserves my right to file other and further reply in case of any necessity.” 3. In view of the consent given by the learned advocate for the respondents, the present application is hereby allowed. Criminal Misc. Application No. J-416 of 2022 is transferred from the Court of Learned Chief Judicial Magistrate Court, Valsad, Gujarat to learned Magistrate Court, Ahmedabad. Learned Magistrate shall summon the parties on being transferred by the competent Court Direct service is permitted. (M. K. THAKKER,J) Vikramsinh Amarsinh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 02/07/2026 15:29:32