Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 333 of 2019 Applicant :- Smt. Soniya And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This transfer application u/s 407 Cr.P.C. has been filed by Smt. Soniya and Yash (minor), through his mother Smt. Soniya against State of U.P. and Pankaj Verma with prayer for transferring Misc. Case No. 1215 of 2018, Pankaj Kumar Verma Vs. Smt. Soniya and another, u/s 126(2) Cr.P.C. arising out of Order dated 10.3.2015 passed by the court Principal Judge, Family Court, Saharanpur, in Case No. 41 of 2014, Smt. Soniya and another Vs. Pankaj Kumar Verma, u/s 125 Cr.P.C., P.S. Janakpuri, District Saharanpur, pending in the court of Principal Judge, Family Court, Saharanpur, to the Court of Muzaffar Nagar having equal jurisdiction in the matter.
Learned counsel for applicants argued that Case Crime No. 01 of 2014, u/s 498A, 323, 504 I.P.C. and 3/ 4 D.P. Act, P.S.
Mahila Thana, District Saharanpur, was pending as Criminal Case No. 3852 of 2016, State Vs. Pankaj Kumar Verma and others, in the Court of A.C.J.M., Court No. 4, Shaharanpur. Transfer Application (Criminal) No. 93 of 2018, Budh Singh Verma Vs. State of U.P. and three others, was filed before this court, which was allowed vide order dated 3.4.2019 and above mentioned criminal case has been transferred from Saharanpur to Muzaffar Nagar. Thus, this Misc. Case No. 1215 of 2018 may also be transferred from Saharanpur to Muzaffar Nagar.
Notice was issued to O.P. No. 2. As per office report, the same is sufficiently served, but none appeared on behalf of O.P. No. 2 nor any counter affidavit was got filed. Hence this application and affidavit filed in its support stands unrebutted. The grounds seem to be sufficient.
Accordingly, this transfer application is allowed and Misc. Case No. 1215 of 2018, Pankaj Kumar Verma Vs. Smt. Soniya and another, u/s 126(2) Cr.P.C. arising out of Order dated 10.3.2015 passed by the court Principal Judge, Family Court, Saharanpur, in Case No. 41 of 2014, Smt. Soniya and another Vs. Pankaj Kumar Verma, u/s 125 Cr.P.C., P.S. Janakpuri, District Saharanpur, is transferred from the court of Principal Judge, Family Court, Saharanpur, to the Court of Principal Judge, Family Court, Muzaffar Nagar, for disposal in accordance with law.
Copy of this order of transfer be sent to both of above courts for its compliance.
Order Date :- 30.9.2019 Pcl