The court dismissed a transfer application moved by the applicant seeking to transfer a pending criminal case involving dowry harassment from District Kushinagar to District Maharajganj. No ground for transfer was found.
None; application dismissed. Trial court directed to conclude trial within one year.
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Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 95 of 2020 Applicant :- Airunnisha Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This transfer application has been moved on behalf of the applicant to transfer the Criminal Case no. 279 of 2014, (State Vs. Barfi Devi and others), arising out of Case Crime No. 1125 of 2013, under sections 498-A, 323, 494 I.P.C. and 3/4 D.P. Act, police station Ahirauli Bazar, District Kushinagar pending in the court of First Civil Judge (JD) Kasya, Kushinagar to District Maharajganj for proper adjudication of the case.
It is submitted by learned counsel for the applicant that the applicant is wife of opposite party no. 3. The marriage of the applicant was solemnized with the opposite party no. 3 about eight years ago. There is one child from the wedlock of the applicant and opposite party no. 3. The applicant was harassed and tortured by opposite party no. 3 due to non fulfilment of demand of dowry and he has solemnized his second marriage. The first information report was lodged by the applicant and the trail is going on in district Kushinagar. At present the applicant is living in district Maharajganj and the distance of Kushinagar is more than 80 Km. from the residence of the applicant. The applicant has no source of income. Thus, it has been prayed that the aforementioned case be transferred from the district Kushinagar to district Maharajganj.
A perusal of record shows that the matter is very old and is pending since the year 2014 and this is a state case. In this case, the applicant has to come only one or two dates for the purpose of evidence. The opposite parties no. 2 to 6 are residing in district Kushinagar, where the case is pending.
Considering the facts and circumstances of the case, I do not find any good ground to transfer the aforementioned case from the district Kushinagar to district Maharajganj, therefore, this transfer application is deviod on merits and is liable to be dismissed.
Accordingly, this transfer application is dismissed.
However the trial court is directed to conclude the trial of aforementioned case expeditiously in accordance with law preferably within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties, if there is no legal impediment.
Order Date :- 20.2.2020/A.
Airunnisha
Bachchoo Lal
As recorded by the court registry
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