Heard learned counsel for the applicant, Sri Rakesh Kumar Mathur, who has put in appearance on behalf of opposite party no.3 and learned A.G.A. for the State respondent.
The present transfer application has been filed for transferring the case no. 1255 of 2006 pending before Chief Judicial Magistrate, Auariya from Auariya to Kanpur Nagar or Kanpur Dehat on the ground that the applicant, who is father of the girl and who had filed the aforesaid case under Section 498-A, 323 IPC and 3/4 Dowry Prohibition Act, has to go Auariya along with his daughter, which is difficult for him to attend the court at Auariya.
It is contended by the learned counsel for the applicant that the applicant's daughter had initiated proceedings under Section 125, Cr.P.C. at Kanpur Dehat. It is prayed that the present proceedings may also be transferred to Kanpur Dehat as it is difficult to do Pairvi at Auariya.
Learned counsel for the opposite party no.3 states that the present proceedings has been initiated by the father of the girl and for doing Pairivi in the said proceedings, only the applicant has to be go at Auariya. It is also contended that the husband is paralized person and is unable to walk, therefore, it is difficult for him to attend the court at Kanpur Dehat.
Learned counsel for the applicant could not point out or establish any ground for transferring the case from Auariya to Kanpur Dehat.
The application is misconceived and is dismissed.
Order Date :- 18.1.2010 Ashish