Allowed

Ramsanehi v. State of U.P. and 3 Others

Allahabad HC23 Mar 2022TACR/91/2021

Case brief

AI extract

What is this about?

In this transfer application, the High Court considered transferring a criminal case involving domestic violence and dowry harassment from District Court Shahjahanpur to District Court Pilibhit. The Court held that the applicant, an elderly father, faced threats from muscular in-laws and could not travel for the trial. Finding no objection from the State and noting the convenience factor in matrim

What did the court decide?

Transfer of Case No. 661 of 2020 from Judicial Magistrate 1st, Shahjahanpur to District Court Pilibhit with directive to transmit record within two weeks.

Ramsanehi Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 89

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 91 of 2021

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Applicant :- Ramsanehi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.,Amit Kumar Saxena

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Hon'ble Anil Kumar Ojha,J.

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Herd learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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None present on behalf of O.Nos.2 to 4 to contest the case.

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The applicant has filed this Transfer Application for transferring Case No.661 of 2020 (State of U.P. vs. Sunil Saxena) arising out of Case Crime No.422 of 2020 under Sections 498A, 342, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District Shahjahanpur from the court of Judicial Magistrate 1st, District Court Shahjahanpur to a court of competent jurisdiction in District Court Pilibhit.

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Submission of the learned counsel for the applicant is that the case sought to be transferred relates to matrimonial dispute. Kalpana daughter of the applicant was married to Sunil Saxena. Applicant is an old person aged about 67 years and he is unable to travel to District Shahjahanpur. Opposite parties are musclemen and life of the applicant and his daughter is in danger there.The applicant is unable to go before the court concerned and do pairvi of the case. In case aforesaid case is not transferred the applicant will be deprived from getting justice. The daughter of the applicant has been ousted by her in-laws.

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Per contra learned A.G.A. has no objection, if the case is transferred as prayed.

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Case sought to be transferred is an outcome of matrimonial dispute. The applicant is father of Kalpana, who is married to O.P. No.2 Sunil Saxena. In Transfer Application relating to matrimonial disputes convenience of wife is a relevant consideration.

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Considering the entire facts and circumstances of the case, Case No.661 of 2020 (State of U.P. vs. Sunil Saxena) arising out of Case Crime No. 422 of 2020 under Sections 498A, 342, 323

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I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District Shahjahanpur, is transferred from the court of Judicial Magistrate 1st, District Court Shahjahanpur to a court of competent jurisdiction in District Court Pilibhit.

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District Judge, Shahjahanpur is directed to transmit the record of the aforesaid case within two weeks from the receipt of a copy of this order to District Judge, Pilibhit, who in turn shall transfer the case to a court of competent jurisdiction.

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Office to communicate this order through FAX and email to the District Judge, Shajahanpur and District Judge,Pilibhit for information and compliance.

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Order Date :- 23.3.2022 mt

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Digitally signed by MITHILESH KUMAR Date: 2022.03.25 17:14:33 IST Reason: Location: High Court of Judicature at Allahabad

Ramsanehi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ramsanehi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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