Dismissed

Sandeep Rajauria v. State of U.P. and Another

Allahabad HC3 Feb 2020TACR/41/2020

Case brief

AI extract

What is this about?

The applicant sought transfer of a maintenance case and quashing of a dismissal order, alleging bias due to railway employment connections between the parties and the Presiding Officer. The Single Judge found no merit in these allegations and rejected the application.

What did the court decide?

The transfer application seeking discharge of the case from Gram Nyayalaya Tundala and quashing of the impugned order was rejected.

Sandeep Rajauria Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2020)

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Court No. - 82

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 41 of 2020

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Applicant :- Sandeep Rajauria Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Learned counsel for the applicant is permitted to make necessary correction in the parentage of the opp. party no. 2.

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Sri Yogesh Srivastava, learned counsel, has filed vakalatnama on behalf of the opp. party no. 2, let it be taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opp. party no. 2 and perused the record.

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The present transfer application has been moved on behalf of the applicant to transfer the case no. 229 of 2017, Smt.Anjali Mishra Vs.Sandeep Rajauriya, filed under section 125 of Cr.P.C. pending before learned Gram Nyayalaya Tundala to any other court of District Firozabad having competent jurisdiction as well as quash the order dated 11.12.2019 passed by Sessions Judge, Firozabad in transfer application no. 0000607 of 2019.

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It is submitted by learned counsel for the applicant that the applicant is husband of the opp. party no. 2. The opp. party no. 2 does not want to live with the applicant. She is living at her parental house on her own sweet will. The opp. party no. 2 has filed an application under section 125 Cr.P.C. for maintenance which is still pending in the court of Gram Nyayalaya Tundala. The father of Presiding Officer of court concerned is an railway employee at Tundala and the father of the opp. party no. 2 is also a retired employee from the railways service. The opp. party no. 2 has threatened the applicant that father of the opp. party no. 2 has good link with the father of the Presiding Officer of concerned court. It has been further submitted that the opp. party no. 2 is a teacher in S.S.Memorial Public School and earning Rs. 24500/- per month. The Presiding Officer of court concerned is not conducting the case in just and proper manner due to which the applicant has moved the transfer application in the court of Sessions Judge concerned which was dismissed by him vide his order dated 11.12.2019. It has been prayed that in

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the interest of justice the aforesaid case be transferred from Gram Nyayalaya Tundala to any other court having competent jurisdiction in district Firozabad.

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On the other hand learned counsel for the opp. party no. 2 argued that there is distance of 15 km. between Gram Nyayalaya Tundala and District court Firozabad. Only to harass the opp. party no. 2 this transfer application has been filed on false and fabricated ground. There is no link between the father of the opp. party no. 2 and the father of Presiding Officer of concerned court. The transfer application has been moved only to delay the proceedings of the case.

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The present application has been moved only on the ground that the father of the opp. party no. 2 has been retired from railway service and he has good link with the father of the Presiding Officer of the court concerned who is working as railway employee at Tundala.

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Considering the facts and circumstances of the case, I don't find any ground to transfer the aforementioned case to any other court in District Firozabad. The transfer application is devoid of merit and is liable to be rejected.

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According, this transfer application is hereby rejected.

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Order Date :- 3.2.2020 Gss

Sandeep Rajauria v. State of U.P. and Another

Case brief

What is this about?

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Sandeep Rajauria v. State of U.P. and Another

Case brief

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