Smt. Anamika Singh v. State of U.P. and 4 Ors.
Case brief
What is this about?
This application under Section 407 Cr.P.C. sought transfer of a criminal case involving the applicant and her in-laws from Kanpur Nagar to Hamirpur based on convenience. The court distinguished the present criminal case from matrimonial cases and found general convenience against transfer, leading to rejection.
What the court decided
Court No. - 79
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 104 of 2019
Applicant :- Smt. Anamika Singh Opposite Party :- State Of U.P. And 4 Ors. Counsel for Applicant :- Rakesh Kumar Singh,Adil Jamal Counsel for Opposite Party :- G.A.,Ram Sajiwan Mishra
Hon'ble Ram Krishna Gautam,J.
This application under Section 407 of Cr.P.C. has been filed by Smt. Anamika Singh against State of U.P. and 4 others, with a prayer for transferring Criminal Case No. 10606 of 2009, arising out of Case Crime No. C-5/2009 of P.S. Naubasta, District Kanpur Nagar, under Sections 498-A, 323, 504 & 506 I.P.C. and Section 3/4 of D.P. Act (State Vs. Sanjiv Kumar Singh and others).
Learned counsel for the applicant argued that applicant is residing at Hamirpur and there she has filed a case for maintenance under Section 125 of Cr.P.C., a case before Court of Magistrate under provision of Domestic Violence Act, a case regarding cruelty pending at the Court of Magistrate. The opposite parties are appearing in those cases whereas present case is pending at Court of IInd A.C.M.M., Kanpur Nagar and applicant is facing trouble in doing 'pairavi' of above case at Kanpur Nagar, for her convenience, the same be also transferred to Hamirpur.
Law of Apex Court in cases of Nishapriya Vs. R.J. Sathish Kumar LAWS(SC) 2013 11 85, Naina Narang Vs. Rohit LAWS(SC) 2017 10 87 and Shalini Amit Mitrani Vs. Amit Mitrani LAWS(SC) 2008 11 43 , has been pressed.
Issues for consideration
3 issues framed by the court
Whether a transfer application under Section 407 Cr.P.C. for general convenience of parties should be allowed in a criminal offence case unlike matrimonial cases.
Whether the legal propositions cited regarding matrimonial cases are applicable to a criminal case involving Sections 498-A IPC.
Whether the applicant satisfies the conditions for transfer of a criminal case from Kanpur Nagar to Hamirpur under Section 407 Cr.P.C.
Parties & counsel
- applicant
Smt. Anamika Singh
- respondent
State Of U.P.
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- TACR/104/2019
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