The High Court held that an issue regarding jurisdiction under Section 125 Cr.P.C. cannot be decided in a Transfer Application. The applicant was directed to challenge the jurisdiction of the lower court directly rather than seek a transfer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 90 of 2018
Applicant :- Ashok Kumar Gupta Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.,Shashi Ranjan Srivastava
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.469 of 2015 (Manju Devi Versus Ashok Kumar Gupta), pending in the court of Principal Judge, Family Court, Mau and Case No.134 of 2015 (Manju Devi Versus Ashok Kumar Gupta and others), pending before Judicial Magistrate, Mau, District- Mau to District Ballia.
The grounds urged in support of the transfer of the case, inter allia, is rested on paragraph- 26 of the affidavit that wrong address of the applicant was described by opposite party no.2, whereas the fact is that the applicant is a resident of District- Ballia. Therefore, proceeding under Section 125 Cr.P.C. cannot be drawn against him.
Contention has been raised that proceeding at district Mau is not proper and the competent court district Ballia is alone to entertain to this application (under Section 125 Cr.P.C.) moved by respondent no.2.
At this stage, learned A.G.A. intervened and submitted that point of jurisdiction cannot be decided in Transfer Application.
Contention raised by learned A.G.A. is consistent one. Virtually this Transfer Application has been filed with a view of competent order of transfer in the name of absence of jurisdiction in the courts at District- Ballia.
In this view of the matter, applicant may take appropriate step for challenging the jurisdiction
of the court concerned at district- Mau itself instead of seeking transfer of the case.
This Transfer Application is accordingly disposed off .
Nothing has been observed on the merit of the case.
Interim order, if any, stands vacated.
der Date :- 23.8.2018 Raj
Ashok Kumar Gupta
State Of U.P.
Arvind Kumar Mishra-I,J.
As recorded by the court registry
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