Court No. - 44
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 527 of 2018 Applicant :- Smt. Pratibha Nishad Opposite Party :- Krishna Nand Sahani And Another Counsel for Applicant :- Brij Bhushan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of the instant transfer application, the applicant is seeking transfer of Case No. 64 of 2018 (Pratibha Nishad v. Krishna Nand Sahani), under section 12 of the Protection of Women from Domestic Violence Act (PWDV) Act 2005 from the court of the Judicial Magistrate, Court No. 2, Ghazipur to any other competent court of Ayodhya (Faizabad) judgeship.
Perusal of the record reveals that the applicant-Smt. Pratibha Nishad is a working lady at Ghazipur, where the case is presently pending.
The only grudge of the applicant is that her husband is not co-operating with the proceedings continuing in the court of the Judicial Magistrate concerned, therefore, it is submitted by the learned counsel for the applicant that the court concerned be directed to take steps for expeditious disposal of the aforesaid case.
From perusal of the entire record of the case, this Court finds no good reason to transfer the aforesaid case, as per prayer of the applicant. It has also gone through the order sheet of the proceedings of the case, which divulges that the proceedings have only initiated on 07.05.2018, therefore, considering the progress of the case, the court concerned is directed to adjudicate the matter expeditiously and decide the same in accordance with law, if there is no other legal impediment. The court concerned is further directed to take all necessary measures to procure the attendance of the respondent no. 1- Krishna Nand Sahani (husband of the applicant).
The instant application is, accordingly, disposed of.
Order Date :- 21.12.2018 shailesh