Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 283 of 2018 Applicant :- Smt. Rinky Yadav Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Vijit Saxena,Arvind Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 28.01.2019 notice on opposite party No.2 has been served. Despite service of notice, no one appears of on behalf of opposite party No.2, nor any counter affidavit has been filed.
This transfer application has been filed by the learned counsel for the applicant praying for transfer of Complaint Case No. 3030 of 2016, under Section 323, 504, 506 IPC and Section 3 (1) SC/ST Act, Police Station Majhola, District Moradabad, pending in the court of Additional Chief Judicial Magistrate-3, Moradabad to another District.
The ground for transfer of the aforesaid case is that Manish Pratap Singh, who is brother of opposite party No.2 is Advocate, practising at Moradabad and applicant is residing at Etawah and she is harassed by the brother of opposite party No.2, when she appears before the court at Moradabad. The husband of the applicant is employed as Constable in PAC and is posted at Badaun. In the absence of any counter affidavit, the averments made in support of the transfer application are accepted as correct.
This transfer application is allowed. The aforesaid case is transferred from District Moradabad to District Aligarh.
The District and Sessions Judge, Moradabad is directed to forward the record of the aforesaid case to District and Sessions Judge, Aligarh, within the period of two weeks, from the date of production of certified copy of this order for assigning it to the appropriate court.
Order Date :- 29.1.2019 Ruchi Agrahari