This court rejected a transfer application filed under Cr.P.C. s. 407 by a husband challenging an order recording his absence in a domestic violence proceeding. The court found no valid grounds for transfer.
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Court No. - 77
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 88 of 2021
Applicant :- Ambrish Srivastava @ Chhotoo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present transfer application has been filed seeking transfer of Case No. 13 of 2019 (Smt. Priyanka @ Simmi vs. Ambrish Srivastava) under section 125 Cr.P.C..
The applicant, who is the husband, is seeking transfer mainly on two grounds. Firstly, despite the fact that he appeared before the mediation and conciliation centre and was present on the date fixed, it was recorded in the order sheet that he was not present and, secondly, on 02.01.2021, the applicant was threatened by the brother of opposite party no. 2 but none of the above two grounds are valid to record a satisfaction for transfer as is required under section 407(1) Cr.P.C. No good ground is made out for transfer.
The transfer application is rejected.
The copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 7.6.2021 Puspendra
Ambrish Srivastava @ Chhotoo
State of U.P.
Pankaj Bhatia
As recorded by the court registry
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