Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 321 of 2018 Applicant :- Smt. Amita Opposite Party :- State Of U.P. And 3 Ors.
Counsel for Applicant :- Sunil Kumar Singh,Ajay Vikram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 28.01.2019, notice on opposite party Nos. 3 and 4 has been served, but opposite party No.4, who is mother of the opposite party No.2, has informed the process server that on account of character and conduct of opposite party No.2 not being good, she has deprived him of her moveable and immoveable property and she does not knows where he resides. In view of the fact that the notice has been served on opposite party Nos. 3 and 4, and notice was sent to the correct address of the opposite party No.2, no other address of opposite party No.2 is on record, the notice on opposite party No.2 is deemed to be sufficient. It appears that the parents of the opposite party No.2 are deliberately not disclosing the address of the opposite party No.2. Learned counsel for the applicant submits that when the father and mother are not aware of his address, how the applicant can find the address of the opposite party No.2.
This transfer application has been filed by the learned counsel for the applicant praying for transfer of Complaint Case No. 4294 of 2017 (Smt. Amita Vs.Surjeet Rathaur), under Sections 498-A, 323, 504, 506 IPC, Police Station Kannauj, District Kannauj, pending in the court of Chief Judicial Magistrate, Kannauj, to the court at District Agra.
The ground for transfer of the aforesaid case is that the trial is pending at Kannauj and the applicant is residing alongwith her minor daughter at Agra and the opposite party Nos.2 to 4 are residing at Delhi. It would be easy for them too to attend the court at Agra. In the absence of any counter affidavit, the averments made in support of the transfer application are accepted as correct.
This transfer application is allowed. The aforesaid case is transferred from District Kannauj to District Agra.
The District and Sessions Judge, Kannauj, is directed to forward the record of the aforesaid case to District and Sessions Judge, Agra, within the period of two weeks, from the date of production of certified copy of this order for assigning it to the appropriate court.
Order Date :- 29.1.2019 Ruchi Agrahari