Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 169 of 2018 Applicant :- Sukant @ Rakesh Kumar Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Anurag Asthana,Sharad Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Anurag Asthana, learned counsel for the applicant learned AGA for the State and perused the record.
By the application, the applicant has sought transfer of proceedings of Case No.397 of 2013, under section 125 Cr.P.C. (Subodhini and another Vs. Sukant) pending before the Court of Principal Judge, Family Court, Auraiya along with the record of Case No.461 of 2013, under section 9 of Hindu Marriage Act (Subodhini Vs. Sukant) pending before the Court of Principal Judge, Family Court, Auraiya from the court of Principal Judge, Family Court, Auraiya to some other Court of equivalent jurisdiction.
Learned counsel for the applicant points out that during pendency of proceedings under section 125 Cr.P.C., the parties started living together, but later on when the case was fixed for Lok Adalat, none of the parties turned up and the case proceeded exparte against the applicant; that he moved an application for setting aside the exparte order, which was allowed subject to payment of Rs.1000/- as cost; that both the cases, must be tried together, which are pending before the Principal Judge, Family Court, Auraiya.
Per contra, learned AGA submitted that application has no substance and appears to have been moved just to delay the disposal of two cases by getting the proceedings stayed in this transfer application; that learned Sessions Judge, Auraiya has not committed any mistake in rejecting his transfer application vide order dated 22.3.2018.
Upon hearing parties counsel and perusal of record, I find that there is absolutely no ground for transfer. Undisputedly, the two cases are pending before one and the same Family Court, Auraiya and the application for transfer of two cases from Family Court, Auraiya to some other Court of the District, has no force and is liable to be rejected.
The transfer application is rejected, accordingly.
However, the Principal Judge, Family Court, Auraiya is requested to fix one and the same date in two cases under section 9 Hindu Marriage Act and under section 125 Cr.P.C.
Order Date :- 27.4.2018 Tamang