Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 174 of 2018 Applicant :- Pooja Soni Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Prem Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
As per report of C.J.M., Allahabad, service of notice has been personally effected on opposite party no.2 on 14.5.2018, but neither opposite party no.2 is present in person nor through counsel nor any counter affidavit has been filed in reply to the transfer application.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The application has been moved for transferring the Case No.16 of 2018 (State Vs. Chandra Kumar Soni), under sections 498-A, 323 IPC and 3/4 D.P. Act, P.S. Kareilly, District Allahabad pending in the Court of Judicial Magistrate, Court No.4, Allahabad from District Allahabad to District Kaushambi.
Learned counsel for the applicant contends that the applicant is resident of Kaushambi, who has filed petition under section 125 Cr.P.C. before the Principal Judge, Family Court, Kaushambi and on 8.2.2018 when the applicant arrived at Allahabad to attend the date in Petition No.494 of 2017 under section 13 of Hindu Marriage Act filed by opposite party no.2 for divorce before Family Court, Allahabad, the opposite party no.2 along with his associate committed marpeet with her and threatened her of life asking her to withdraw the case under section 498-A IPC etc.; that in the circumstances, there is apprehension of life to the applicant and the case be transferred to Kaushambi, which will be convenient for the applicant.
Upon hearing the parties counsel and in view of discussions made above, I have come to conclusion that the allegations made in the affidavit given in support of application for transfer have not been controverted by any counter affidavit and there is reason to rely on the above affidavit and its transfer will tend to general convenience of the parties or witnesses and it would be expedient in the interest of justice to transfer the case from the court of Judicial Magistrate, Court No.4, Allahabad to the competent court at District Judgship, Kaushambi The transfer application is allowed, accordingly.
Office is directed to communicate this order to District and Sessions Judge, Allahabad and District and Sessions Judge, Kaushambi for ascertaining necessary compliance.
Order Date :- 30.5.2018/Tamang