The High Court dismissed a transfer application under Section 125 Cr.P.C. filed by Umarani against the State of U.P. and Ram Singh. The court held the application was devoid of merit as the applicant had appeared through counsel, contradicting claims of expedited ex-parte proceedings.
The transfer application is dismissed.
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Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 331 of 2018
Applicant :- Umarani Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Anand Mohan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This Transfer Application has been moved by the applicant with a prayer to transfer the case no.3 of 2018 (Sri Ram Singh vs. Umarani), under Section 125 Cr.P.C., Police Station Sikandarpur, District Ballia from District Ballia to any other adjacent competent court district Faizabad.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is more than 50 years old lady and suffering from several ailments and she is undertreatment. He further adds that she is not able to travel from District- Faizabad to district- Ballia to contest the maintenance application moved by respondent no.2- Ram Singh.
Further, bare perusal of the order dated 1.8.2018 passed by the court below reflects that the order was passed that the proceedings against the applicant shall be taken exparte basis and the case was posted for further course of action on 1.9.2018 and thereafter an application was moved by the counsel of the applicant before the concerned court of Ballia asking for time. This aspect of the case has been concealed in this Transfer Application that the applicant presented herself before the court at Ballia through her counsel.
Consequently, the present transfer application is devoid of merit and the same is hereby dismissed.
However, the observation so made shall not touch the merit of the case.
Order Date :- 21.8.2018 Raj
1 issue framed by the court
Whether the transfer application seeking shift of maintenance case from District Ballia to District Faizabad merits allowance?
Umarani
State Of U.P.
Ram Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
