Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 219 of 2019 Applicant :- Mahendra Mani Pandey Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Arunkumar Mishra Counsel for Opposite Party :- G.A.,Ambuj Kumar Shukla,Surya Shanker Pandey
Hon'ble Ram Krishna Gautam,J.
This application under Section 407 Cr.P.C. has been filed by Mahendra Mani Pandey with a prayer for transfer of Case No. 948 of 2017 (Sakshi Pandey Vs. Mahendra Mani Pandey), under Section 125 Cr.P.C., Police Station Barra, District Kanpur Nagar, pending before Ist Additional Principal Family Judge, Kanpur Nagar to any competent court in District Allahabad.
Learned counsel for applicant argued that applicant Mahendra Mani Pandey is husband of Smt. Sakshi Pandey and there occurred family dispute, resulting filing of this case before court of Ist Additional Principal Family Judge, Kanpur Nagar. Owing to assault made by family members of opposite party no. 2, applicant was badly injured, for which he was hospitalized. A case was got registered against opposite party no. 2 and her family members as Case Crime No. 975 of 2018, under Sections 323, 504, 506 I.P.C. at Police Station Soraon, District Allahabad. The same is pending. Another case was filed under Section 13 of Hindu Marriage Act before court at Allahabad. She has also filed a case for cruelty with regard to demand of dowry as Case Crime No. 315 of 2018, under Section 498-A, 323, 504, 506 I.P.C., Police Station Soraon, District Allahabad, which is pending at Allahabad, from where applicant has been enlarged on bail. He being physically infirm is facing trouble in attending court at Kanpur Nagar, whereas permanent address of opposite party no. 2 is of Allahabad and in case of transfer of case at Allahabad, she will not be prejudiced. Father of opposite party no. 2 is Sub Inspector of police and under his pressure applicant is not in position to get relief. Hence, on medical ground this application has been filed and prayer for transfer has been made.
Learned counsel for other side has vehemently opposed this application with mention that applicant is government employee i.e. Head Constable of C.R.P.F.. This application has been moved with a view to harass opposite party no. 2, who is wedded wife of applicant. She is residing with her two daughters at her parental house constructed at Kanpur Nagar. Her both minor daughters are under study at Kanpur Nagar and in case of trasfer of above case from Kanpur Nagar to Allahabad she will be prejudiced. Hence, this application be rejected.
Rejoinder affidavit has been filed reiterating the transfer application.
Learned A.G.A. has also vehemently opposed the application.
Having heard learned counsel for both side and gone through contention raised therein, it is admitted fact that father of opposite party no. 2 has constructed house at Kanpur Nagar, where opposite party no. 2 is residing with her parents. She is not being maintained or look after by applicant. She has filed a case for offence of Domestic Violence against her husband.
Under above facts and circumstances, there remained no ground for transfer of above case. The transfer application is accordingly rejected.
Order Date :- 26.9.2019 NS