Court No. - 81
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 577 of 2019 Applicant :- Sharik Naim Opposite Party :- Rahim Fatima And Another Counsel for Applicant :- K.C. Mishra,Vijay Babu Counsel for Opposite Party :- G.A.,G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K. C. Mishra, learned counsel for the applicant and Sri Attrey Dutt Mishra, learned A.G.A. for the State.
This application has been filed with a prayer to transfer the Misc. Case bearing No. 547 of 2018 "Rahim Fatima Vs. Sharik Naim" under Section 125 of Cr.P.C. from the court of Principal Judge Family Court Ghazipur to another court either in the court of Principal Judge Family Court Chandauli or in the court of Principal Judge Family Court Jaunpur.
It is argued by the learned counsel for the applicant that the opposite party no. 1 is wife of the applicant against whom proceeding under Section 125 Cr.P.C. is pending in the court of Principal Judge Family Court Ghazipur. It is argued that the opposite party no. 1 is harassing the applicant as on each date when he arrives at court Rs. 10,00,000/- is being demanded and threats have also been given by the brother of the opposite party no. 1 as well, because of which the applicant is not able to do parivy of this case. It is also argued that the brother and mother of the opposite party no. 1 use obscene and hateful language in court therefore in such a situation, the said case should be transferred from the court of Principal Judge Family Court Ghazipur to another court either in the court of Principal Judge Family Court Chandauli or in the court of Principal Judge Family Court Jaunpur.
During argument when it was questioned as to whether any F.I.R. have been lodged at any of the police stations with respect to threats given to the applicant, the learned counsel for the applicant has replied in negative and he could not show even a single injury which have been sustained by the applicant to show that any attempt to assault, etc. were made upon the applicant.
In such a situation, looking to the fact that the opposite party no. 1 is a lady and is residing at Ghazipur, I do not find it to be a fit case for transfer from District Ghazipur to any other District, hence, this transfer application deserves to be dismissed and is accordingly dismissed.
Order Date :- 28.11.2019 VPS