Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12558 of 2021 Petitioner :- Vijay Shankar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Ram Chandra Solanki, learned counsel for the petitioner and Shri Arunendra Kumar Singh, learned A.G.A. for the State respondents.
The petitioner is before this Court with request to transfer the investigation of Case Crime No.1022/2021 under Sections 498-A, 323, 342 IPC and 3/4 of D.P. Act, Police Station Chakeri, District Kanpur Nagar to District Lucknow.
Learned A.G.A. has raised objection regarding maintainability of the writ petition on the ground that the first information report has been lodged against the petitioner on 17.10.2021 by the wife of the petitioner/fourth respondent, who is presently residing at Kanpur Nagar. It is continuous offence and as such, the writ petition is liable to be dismissed.
Admittedly, the complainant, who is wife of the petitioner, is residing at Kanpur Nagar and the first information report has been lodged at Police Station Chakeri, District Kanpur Nagar.
In the facts and circumstances, we are not inclined to accord the relief, as prayed for.
The writ petition is dismissed.
Order Date :- 23.12.2021 RKP