Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3749 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
C4 0 7 / 2 7 / 2 0 2 2 W it h C4 0 7 / 2 6 / 2 0 2 1 Hon ’ble Alok Mah r a, J.
Mr. M.S. Pal, learned senior counsel assisted by Mr. Sparsh Sharma,
learned counsel for the applicant.
2. Mr. B.N. Molakhi, learned Deputy A.G. along with Mr. Manoj Bhatt, learned Brief Holder for the State.
3. Mr. Yogesh Kumar Pacholia,
learned counsel for respondent no.2.
4. Present C-407 applications have been filed seeking transfer of Criminal Case No. 421 of 2021 under Sections 323, 504, 506, 354, 509 IPC and Criminal Case No. 419 of 2021 under Sections 323, 504, 506, 354 IPC), both pending before the Court of the Chief Judicial Magistrate, Almora, to any competent court at Haldwani, District Nainital or Rudrapur, District Udham Singh Nagar.
5. As both transfer applications arise between the same parties and involve identical facts and questions of law, they are being heard and decided together.
6. Learned senior counsel for the applicants would submit that the applicant was married to the son of
2026:UHC:3749 respondent no.2; that, after marriage, her in-laws allegedly demanded dowry. The applicant lodged an FIR against her husband and his family members, and upon completion of investigation, the Investigating Officer filed a charge-sheet against respondent no.2, on which cognizance has been taken by the trial court.
7. Learned senior counsel would further submits that the applicant, being mother of two minor children, finds it difficult to attend proceedings at Almora; that, she has been repeatedly threatened over phone by her in-laws, who are influential persons; that, her husband is serving as a Constable in Bageshwar Police Line, while her father-in-law is a retired ASI from Uttarakhand Police and presently active in local politics; that, there is apprehension of danger to her life and of not receiving fair and impartial justice at Almora, therefore, on these grounds, transfer of proceedings to Haldwani or Rudrapur is prayed.
8.
Learned counsel for respondent no.2 vehemently opposes the transfer applications, contending that the applicant, being daughter-in-law of respondent no.2, did not maintain cordial relations with the family from the beginning; that, her brother is serving in U.P. Police; that, respondent
2026:UHC:3749 no.2 is of advanced age, and shifting the trial to another district would cause him greater hardship; that, the present applications were filed in 2021, and trial has already commenced after six years; transferring proceedings at this stage would adversely affect the trial. Hence, no valid ground exists for transfer.
9. Having heard learned counsel for both parties and perused the record, it is noted that the applications were filed in
2021. The trial has already progressed, and no sufficient or compelling ground has been shown to justify transfer of proceedings to another court.
10. Accordingly, both C-407 applications are rejected.
11. No order as to costs.
( Alok Mah r a, J.)
14.05.2026 Mamta
2026:UHC:3749