Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 17 of 2019 Applicant :- Raj Nath Chaurasiya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Pratap Singh,Ram Sagar Yadav Counsel for Opposite Party :- G.A.,Mohd. Aqueel Khan
Hon'ble Ram Krishna Gautam,J.
Heard.
This transfer application has been filed by applicant Raj Nath Chaurasia under Section 407 Cr.P.C. with a prayer for transferring Criminal Case No.425 of 2017 (Smt. Kabita Chaurasiya v. Raj Nath Chaurasiya) under Section 125 Cr.P.C., pending before Principal Judge, Family Court, Kanpur Nagar to another court having jurisdiction.
The ground for this application has been said that father of opposite party no.2 is having a beetle shop in front of civil court at Kanpur Nagar and he under assistance of others, uses violence in case of appearance in above court. Hence, this application.
Learned counsel for opposite party in his counter objection has opposed this contention.
In rejoinder affidavit, the reiteration is there.
Admittedly, opposite party no.2 is residing at Marayani Puri, Naubasta, Kanpur as was address given in transfer application. Notice has been served on above address. Her father is having a job at Kanpur Nagar. She was married with applicant at Kanpur Nagar. Case is pending in the court of Principal Judge, Family Court, Kanpur Nagar. Hence, convenience for her, is at Kanpur Nagar. The applicant is resident of Jaunpur. He is in job at Jaipur and has prayed for transfer of his case to Agra because that is only the convenience of applicant-husband.
Section 407 Cr.P.C. gives provision for transfer of criminal case by High Court and the conditions for exercise of this jurisdiction are:-
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise, or
(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.
Whereas, in the present case, above two conditions have not been prayed. Third one convenience has been pleaded. No report of police or to court concerned about use of any violence or disruption of judicial proceeding is there on record.
Under all above facts and circumstances, looking to the convenience of deserted lady in matrimonial cases as has been repeatedly propounded by Apex Court as well as this Court, there is no ground for transfer.
The transfer application is rejected accordingly.
Order Date :- 30.7.2019 Jyotsana