HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. – 42 of 2019
Applicant :- Smt. Geeta Devi
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Rishi Kant Rai,Ravi Prakash Rai,Tej Bahadur Rai
Counsel for Opposite Party :- G.A.,Janardan Prasad Tripathi
Hon’ble Harsh Kumar,J.
Heard Sri Rishi Kant Rai, learned counsel for applicant, Sri Janardan Prasad Tripathi, learned counsel for opposite no.2, learned AGA for State and perused the record.
The instant application has been moved for transferring the Complaint Case No.190 of 2016, Bhagwan Shankar Sharma Vs. Smt. Geeta Devi and others, under Sectionsection 406 IPC pending before the Judicial Magistrate, Khair, Aligarh to the competent Court in District Ghaziabad.
Learned counsel for applicant contends that opposite party no.2 is husband of applicant and has falsely implicated the applicant in Complaint Case No. 190 of 2016, under Sectionsection 406 IPC; that applicant having been ousted from her matrimonial home following the demand of dowry and cruelty for non fulfilment of demand, lodged F.I.R. against opposite party no.2 and his family members at Case Crime No.31 of 2016, under Sectionsections 498-A, Section323, Section506, Section377, Section354-B IPC and 3/4 D.P. Act; that apart from above, applicant also filed Complaint Case No.2071 of 2016 against opposite party no.2 and his family members under SectionDomestic Violence Act and the two cases are pending in the Courts at Ghaziabad; that as a matter of counter blast, opposite party no.2 has filed complaint case against applicant and his brothers under Sectionsection 406 IPC, in which process has been issued against applicant and opposite party nos.3 and 4 (since deleted vide Court’s order dated 17.8.2019); that applicant is a lady residing at Ghaziabad and will face great hardship in coming down to Aligarh from Ghaziabad in complaint case filed by opposite party no.2; that opposite party no.2 and his family members are contesting the two cases under Sectionsection 498-A IPC etc. and SectionDomestic Violence Act at Ghaziabad and if the complaint case filed by opposite party no.2 is transferred to Ghaziabad, it will be much convenient for her without any inconvenience to opposite party no.2.
Learned counsel for opposite party no.2 vehemently opposed the prayer of transfer of case and contended that applicant resides at Aligarh as well as Ghaziabad; that opposite party nos.3 and 4 brothers of applicant are persons of criminal antecedents and if complaint case filed at Aligarh transferred to Ghaziabad, great hardship will be caused to opposite party no.2.
Upon hearing parties counsel and perusal of record and considering the fact of pendency of two cases at Ghaziabad as well as convenience of applicant, a lady, I find that there is sufficient ground for transferring the case from Aligarh to Ghaziabad.
The transfer application is allowed.
The Complaint Case No.190 of 2016, Bhagwan Shankar Sharma Vs. Smt. Geeta Devi and others, under Sectionsection 406 IPC is transferred from the Court of Judicial Magistrate, Khair, Aligarh to the competent Court of Magistrate in Sessions Division, Ghaziabad
The Sessions Judge, Ghaziabad is requested to transfer the Complaint Case No.190 of 2016 Bhagwan Shankar Sharma Vs. Smt. Geeta Devi and others, under Sectionsection 406 IPC to same Court of Magistrate, before whom the case of SectionDomestic Violence Act filed by applicant is pending and the Magistrate will be required to try the two cases together and fix one and same date in both cases, so as to avoid unnecessary inconvenience to applicant as well as opposite party no.2.
Office is directed to communicate this order to Sessions Judge, Aligarh and Sessions Judge, Ghaziabad for ascertaining necessary compliance.
Order Date :- 2.1.2020
Tamang
