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Ali Zaheer And 3 Others vs State Of U.P. And Another on 18 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 82

Case :- TRANSFER APPLICATION (CRIMINAL) No. – 479 of 2019

Applicant :- Ali Zaheer And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Javed Husain Khan,Gulrez Khan,Sri. W.H. Khan Senior Advocate

Counsel for Opposite Party :- G.A.,Suhel Ahmad Azmi

Hon’ble Harsh Kumar,J.

List revised. No one present for opposite party no.2

Vide order dated 15.11.2019, opposite party no.2 was granted two weeks’ time for filing counter affidavit, but as per office report, no counter affidavit has been filed.

Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri Gulrez Khan, learned counsel for applicants, learned AGA for State and perused the record.

The instant application has been moved for transferring the Case No.738 of 2012 (Smt. Tasneem Zehra Vs. Ali Zaheer and three others) under sections 12, 18, 19, 20, 21, 22 and 23 Protection of Women from Domestic Violence Act, 2005 and Case No.371 of 2012, under section 125 Cr.P.C. both pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Aligarh to District Amroha.

Learned counsel for applicants contends that opposite party no.2 is wife of applicant no.1 and due to matrimonial dispute, several cases are pending between the parties of civil and criminal side; that applicant no.1 filed petition for Restitution of Conjugal Rights in the Family Court, Bandra at Mumbai, Maharashtra and on application of opposite party no.2, the Apex Court considering the fact that both the parties are residents of District Amroha (J.P. Nagar), vide order dated 21.10.2016 (Annexure No.5) transferred the matrimonial petition No.A-1605 of 2012 from Family Court, Bandra at Mumbai to Family Court, Amroha; that later on applicant no.1 also moved Transfer Application No.160 of 2019 for transfer of case under section 25 of the Guardians and Wards Act from Aligarh to Amroha, which was ordered to be transferred vide order dated 15.5.2019, copy of which has been produced for perusal and taken on record; that applicants are facing unnecessary hardship in pursuing the cases at Aligarh and they are liable to be transferred from Aligarh to Amroha; that in case of transfer of the cases from Aligarh to Amroha, no hardship is likely to be caused to opposite party no.2, who is complainant of both cases, as she is also resident of Amroha.

Learned AGA vehemently opposed the prayer for transfer of cases.

Upon hearing learned counsel and perusal of record, I find that there is sufficient ground for transferring the cases from Aligarh to Amroha.

The transfer application is allowed accordingly.

The Case No.738 of 2012 (Smt. Tasneem Zehra Vs. Ali Zaheer and three others), under sections 12, 18, 19, 20, 21, 22 and 23 Protection of Women from Domestic Violence Act, 2005 is transferred from the Court of A.C.J.M., Court No.6, Aligarh to competent Court of Magistrate at Sessions Division, Amroha and the Case No.371 of 2012, under section 125 Cr.P.C. is transferred from the Court of A.C.J.M.,Court No.6, Aligarh to the Family Court, Amroha.

Office is directed to communicate this order to Sessions Judge, Aligarh and Sessions Judge, Amroha as well as Principal Judge, Family Court, Amroha for ascertaining necessary compliance.

Order Date :- 18.1.2020

Tamang

 

 

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