In a transfer application, the applicants sought to move a domestic violence case from Aligarh to Bulandshahr District. The High Court held that since the complainant resides in Aligarh, no ground existed for transfer and dismissed the application.
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Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 40 of 2020
Applicant :- Azim And 2 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This transfer application has been moved on behalf of the applicants to transfer the criminal case no. 1612 of 2019, arising out of case crime no. 278 of 2018, State Vs. Azeem and others, under sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, police station Civil Lines, District Aligarh pending in the court of C.J.M. Aligarh to any competent court in Sessions Division Bulandshahr.
It is submitted by learned counsel for the applicnats that the applicant no. 1 is husband of the opp. party no. 2. The applicant nos. 2 and 3 are mother-in-law and Sister-in-law of the opp.party no. 2. The opp.party no. 2 has left the house of the applicants without any reason and she is living at Aligarh at her parental house where she lodged the first information report against the applicants and the charge sheet has also been submitted against the applicants. In that case the applicant nos. 2 and 3 have been enlarged on bail. The opp. party no.2 threatened the applicants and there is danger to their lives to go to Aligarh for pairvi in the aforementioned case. It has further been submitted that false allegaiton has been made agaisnt the applicants.
On the other hand learned A.G.A. argued that the opp. party no. 2 is wife of the applicant no. 1. At present she is living at Aligarh where she has lodged the F.I.R. There is no ground to transfer the aforementioned case to any other district.
The opp. party no. 2 is wife of the applicant no. 1 and the applicant nos. 2 and 3 are mother-in-law and sister-in-law of the opp.party no. 2. The F.I.R. was lodged under section 498-A, 307, 323, 504 I.P.C. and 3/4 D.P. Act. In that case the I.O. has submitted chargesheet under section 498-A, 323, 504 I.P.C. and 3/4 D.P. Act and the trial is going on in the court of learned Chief Judicial Magistrae, Aligarh. The opp. party no. 2 is a lady and at present she is living at Aligarh, therefore, no ground is made out to transfer the aforementioned case to Bulandshahr from Aligarh. The transfer application is devoid of merit and is
liable to be dismissed.
Accordingly, it is dismissed.
Order Date :- 23.1.2020 Gss
2 issues framed by the court
Whether there is sufficient ground to transfer a criminal case under sections 498-A, 307, 323, 504 I.P.C. from Aligarh District to Bulandshahr District.
Whether the threat to life and danger faced by the applicants while visiting Aligarh justifies the transfer application.
Azim And 2 Ors.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
