Court No. - 41
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 438 of 2018 Applicant :- Yogesh Gautam And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
The present application has been moved for transferring the Complaint Case No.1755 of 2017 (Smt. Rinki Gautam Vs. Yogesh Gautam), under section 12 of Domestic Violence Act, 2005, P.S. Atmaddaula, District Agra, from District Agra to District Lalitpur.
Heard Sri S.K. Dubey, learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants contends that opposite party no.2 is legally wedded wife of applicant no.1 and applicant nos.2,3 and 4 are her in-laws; that opposite party no.2 has lodged a F.I.R. against the applicant at Case Crime No.79 of 2017, under sections 498-A, 506 and 34 IPC and section 3/4 D.P. Act in which charge sheet has been submitted and trial has commenced in the District of Bhopal; that the applicant no.1 has filed a divorce petition under section 13 of Hindu Marriage Act against the opposite party no.2 on 21.12.2017 in the Court of Principal Judge, Family Court at Bhopal; that subsequently, the opposite party no.2 has filed a Complaint Case No.1755 of 2017 in the Court of Additional Chief Judicial Magistrate at Agra under section 12 of Domestic Violence Act, 2005; that the complaint case under section 12 of Domestic Violence Act, 2005 may kindly be transferred from Agra to District Lalitpur, as Lalitpur will be a place at equal distance from Bhopal as well as Agra.
Learned AGA submits that the application has been moved with absolutely false and baseless allegations; that opposite party no.2 is resident of District Agra and has rightly filed complaint case under section 12 of Domestic Violence Act, 2005 before the competent Magistrate at Agra; that in case the complaint case is transferred outside the Agra, it will cause undue inconvenience and hardship to the opposite party no.2, the wife of applicant no.1; that the applicants have not shown any ground for transfer of the case while there is direct train route between Bhopal and Agra.
Upon hearing learned counsel and perusal of record, I find that there is absolutely no cause what to say of sufficient cause for transferring the complaint case from District Agra to District Lalitpur.
In view of discussions made above, I have come to the conclusion that the applicants has failed to show that its transfer will tend to general convenience of the parties or witnesses, or is expedient in the interest of justice. The application has no force and is liable to be dismissed.
The transfer application is dismissed accordingly.
Order Date :- 30.10.2018 Tamang