Court No. - 41
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 440 of 2018 Applicant :- Saiyad Anwar Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Prasad Mishra,Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
The present application has been moved for transferring the Case No.152 of 2017 (Smt. Saba Jameel Vs. Saiyad Anwar Ahmad), under section 125 Cr.P.C., P.S. Puramufti, District Kaushambi from the Court of Principal Judge, Family Court, Kaushambi to the court of Principal Judge, Family Court, Allahabad.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is being harassed in proceedings under section 125 Cr.P.C. pending before the Court of Principal Judge, Family Court, Kaushambi and whenever he appears on the date fixed, the family members of opposite party no.2 harassed him by saying that "Bauna Aa gaya" and also use objectionable language and further threatening to the applicant to beat him by abusing.
Per contra, learned AGA submits that no such incident of beating is alleged to have taken place; that in any case, if there is objectionable conduct of opposite party no.2, the applicant may inform the Court concerned; that the fact that the petition under section 9 of Hindu Marriage Act has been filed by applicant and pending before the Family Judge, Allahabad is also not sufficient ground for transfer of the case.
In view of the material on record, I find that the applicant has filed to show any sufficient cause for transferring the proceedings of Complaint Case under section 125 Cr.P.C. from Kaushambi to Allahabad. The transfer application is liable to be dismissed.
The transfer application is dismissed accordingly.
Order Date :- 31.10.2018 Tamang