Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 265 of 2018 Applicant :- Rajeev Kumar Mishra Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.,Anil Kumar Shukla,Sanjaikumarrai,Sanjivkumarrai
Hon'ble Siddharth,J.
Rejoinder affidavit filed today is taken on record. Heard learned counsel for the parties.
This application has been filed praying for transfer the Case No.19 of 2013, Smt. Madhu Mishra Vs. Rajeev Kumar Mishra, under Section 125 Cr.P.C to the Family Court, Hathras or any other court within the same District.
The submission is that an application was moved before the District Judge, Hathras praying that the Case no.19 of 2013, under Section 125 Cr.P.C may be transferred to some other court within the District, which has been rejected by order dated 10.07.2018.
A perusal of the order of the District Judge, Hathras shows that he has found that it is one of the oldest case. The applicant has left no stone unturned for lingering the proceedings of the case. Now the case is on the verge of being decided and then such an application has been moved for transfer, which the court below has not found to be justified.
This court after going through the affidavit filed in support of this application does not finds any justifiable ground for transferring the case from the court where it is pending since only on the ground of apprehension no transfer of proceedings can be permitted.
The application is devoid of merits and it is accordingly rejected.
Order Date :- 26.2.2019 SS