HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. – 405 of 2015
Applicant :- Asha Ahlawat
Opposite Party :- Shravan Kumar Jain And 2 Others
Counsel for Applicant :- Mohit Kumar Singh
Counsel for Opposite Party :- Govt.Advocate,Sandeep Kr Srivastva
Hon’ble Bachchoo Lal,J.
It is submitted that due to typing mistake on the part of learned counsel for applicant incorrect description in the array of parties was made and he tenders for his apologies for the same.
Learned counsel for the applicant is permitted to correct the array of parties during the course of the day.
In spite of revised list, none is present for opposite parties.
Heard learned counsel for the applicant and perused the record.
This transfer application has been moved on behalf of applicant to transfer the Case No. 1835 of 2013, arising out of Case Crime No. 160 of 2013, under Sections 498A, 323 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Ghaziabad to District Meerut from Ghaziabad.
It is submitted by learned counsel for the applicant that the applicant is wife of opposite party No. 1 (Shrayan Kumar Jain). Opposite party harassed and tortured the applicant due to non-fulfilment of demand of dowry, due to which applicant has lodged FIR against opposite parties. The Investigating Officer submitted the charge-sheet after investigation and the trial is going on in the court of ACJM, Ghaziabad. The applicant is residing in Meerut at her parental house, in the Month of April, 2015, the applicant had gone to attend the court proceedings then opposite party No. 1 and other persons have stopped the applicant outside the premises of the court and threatened her to withdraw the case. It has been further submitted that the applicant is a lady and she has no sources of income, it is inconvenient to the applicant to go at Ghaziabad for doing parvi in the case.In the interest of justice, it is just and proper to transfer the aforesaid case in any competent court of Meerut.
Perusal of the record shows that the FIR has been lodged in the year 2013 and the trial is going since 2013 in district Ghaziabad. The applicant has to go for one and two days only to give evidence in the court and there is no evidence on record with regard to threatening. Meerut and Ghaziabad are adjacent districts.
Considering the facts and circumstances, I do not find any ground to transfer the aforementioned case from Ghaziabad to Meerut, therefore, this transfer application is liable to be dismissed. Accordingly, this application is dismissed.
Order Date :- 4.2.2020