Court No. - 77
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 253 of 2021 Applicant :- Geeta Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present transfer application has been filed by the applicant Geeta Devi to transfer the Case No. Nil/ix of 2021 (State vs. Satyaveer @ Satyapal and another) arising out of Case Crime No.175 of 2020, under Sections 452, 354, 504 I.P.C., Police Station Mahavan, District Mathura, pending in the Court of Civil Judge (Junior Division) / F.T.C. Mahila Virudh Apradh, Judicial Magistrate, Mathura to any Court of Ghazipur judgeship.
Main submission of learned counsel for the applicant is that the applicant is lady and she has lodged an F.I.R. against the accused person under Sections 452, 354, 504 I.P.C. in Police Station Mahavan, District Mathura wherein charge sheet was submitted and trial is still pending in the aforesaid court. Learned counsel for the applicant further submits that when the complainant appears in Court, she would have been threatened by the accused person to make settlement in the matter and there is no one to pursue the case and with whom, she could stay there. It is further submitted that if the transfer is not done, she would be unable to contest the case.
Admittedly, the impugned case is pending within the competent jurisdiction and it is not proper to transfer the case as per convenience or wishes of the parties. Learned counsel for the applicant could not show any convencing or cogent reason to transfer the case to any other district.
The present transfer application shall stands dismissed.
Order Date :- 7.10.2021 Manoj