Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 475 of 2019 Applicant :- Chetna Bhardwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Shukla,Vishnu Pratap Pandey Counsel for Opposite Party :- G.A.,Sunil Kumar
Hon'ble Harsh Kumar,J.
Heard Shri Abhishek Kumar Shukla, learned counsel for the applicant and Shri Sunil Kumar, learned counsel for the opposite party.
Learned counsel for opposite party no. 2 raised a preliminary objection with regard to maintainability of application under Section 407 Cr.P.C. and contended that by application for transfer, the prayer has been made for transferring the proceedings of Matrimonial Writ Petition no. 1855 of 2019 (Anoop Kumar Vs. Chetana Bhardwaj) under Section 13(1) (I- A) of Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, Ghaziabad; that these proceedings are of civil nature and may neither be governed by Code of Criminal Procedure nor can be transferred on an application under Section 407 Cr.P.C.
The objection raised is purely legal to which learned counsel for applicant could not give any reply.
In the circumstances, the application is liable to be rejected being not maintainable.
The transfer application is rejected accordingly Order Date :- 26.11.2019 Sachin