Allowed

Smt. Anjum v. State of U.P. and 4 Others

Allahabad HC22 Mar 2022TACR/24/2021

Case brief

AI extract

What is this about?

The High Court allowed a Transfer Application to move a criminal case (Sections 323/324/325 IPC) from Moradabad to Sambhal, deeming it necessary due to the applicant being the wife involved in other matrimonial proceedings between the same parties.#

What did the court decide?

Transfer Order Case No.12728/9 of 2019 from Chief Judicial Magistrate, Moradabad to District Court, Sambhal at Chandausi within two weeks.

Smt. Anjum Vs State of U.P. and 4 Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 89

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 24 of 2021

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Applicant :- Smt. Anjum Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.,Manish Joshi

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicant, learned counsel for O.P. No.2, learned A.G.A. for the State and perused the record.

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Applicant smt. Anjum has filed this Transfer Application to transfer Case No.12728/9 of 2019(Computer No.09504 of 2019)(State vs. Akil and others) arising out of Case Crime No.525 of 2019 under Sections 323, 324, 325 I.P.C., Police Station Civil Lines,District Moradabad, from the Court of Chief Judicial Magistrate, Moradabad to a court of competent jurisdiction in District Court Sambhal at Chandausi.

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Submission of the learned counsel for the applicant is that the case sought to be transferred is a result of matrimonial discord. Applicant is wife therein. Several other cases are pending in between the parties. Further Submitted that in Transfer Application (Civil) No.29 of 2021 (Smt. Anjum vs. Mohammad Akil) a coordinate Bench of this Court transferred Suit No.1232 of 2018 (Mohd. Akil vs. Smt. Anjum) from the Family Court at Moradabad to the Family Court in Sambhal at Chandausi.

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Per contra learned counsel for O.P. No.2 vehemently opposed the Transfer Application.

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Considering the entire facts and circumstances of the case, particularly the fact that the applicant is wife and one case has already been transferred by the coordinate Bench of this Court from District Court, Moradabad to District Court in Sambhal at Chandausi, it would be appropriate to transfer this case also from District Court Moradabad to a court of competent jurisdiction in District Court, Sambhal at Chandausi.

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In view of the above, Transfer Application is allowed . Case No.12728/9 of 2019 (Computer No.09504 of 2019) (State vs. Akil and others) arising out of Case Crime No.525 of 2019 under Sections 323, 324, 325 I.P.C., Police Station Civil Lines,District Moradabad is transferred from the court of Chief Judicial Magistrate, Moradabad to the court of competent

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jurisdiction in District Court, Sambhal at Chandausi.

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District Judge, Moradabad is directed to transfer the record of the aforesaid case within two weeks from the date of receipt of a copy of this order to District Judge, Sambhal at Chandausi, who in turn shall transfer it to a court of competent jurisdiction.

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Office to communicate this order to District Judge, Moradabad and District Judge, Sambhal at Chandausi through FAX and email for necessary information and compliance.

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Order Date :- 22.3.2022 mt

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Digitally signed by MITHILESH KUMAR Date: 2022.03.24 17:04:50 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Anjum v. State of U.P. and 4 Others

Case brief

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Smt. Anjum v. State of U.P. and 4 Others

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