Hon'ble Sanjay Kumar Pachori, J. dismissed the transfer application filed by Brijesh Yadav. The applicant sought to transfer a Section 125 Cr.P.C. case pending in Deoria District, citing apprehension of bias. The court held the application lacked merit and dismissed it without transferring the case.
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Neutral Citation No. - 2023:AHC:146977
e-court
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 19 of 2023
Applicant :- Brijesh Yadav Opposite Party :- State Of U.P.Through Additional Chief Sec.Home And Another Counsel for Applicant :- Rajeev Kumar Singh,Arurit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Rajeev Kumar Singh, learned counsel for the applicant, Sri Ashwani Kumar Rai, learned A.G.A. for the State are present. Despite service of notice upon opposite party no.2, none has appeared.
The prsent application has been filed to transfer the Case, i.e.Case/M.P. No.17 of 2020 (Sunita Yadav vs. Brijesh Yadav), under Section 125 Cr.P.C., pending in the court of Additional Principal Judge, Family Court Ist, Deoria to any competent court of adjoining district.
Learned counsel for the applicant submits that the applicant is residing in her parental house situated in district Deoria. Marriage of the applicant with opposite party no.2 was solemnized on 01.07.2017 and on 13.10.2017 applicant lodged the FIR under Section 498-A IPC and under Section 3/4 of D.P.Act. It is further submitted that real brother of opposite party no.2 is presently posted as peon in the of of account section of District Court, Deoria and he has good relation with the employees who are posted in family court, Deoria and he is interfering in the proceeding of the aforesaid case and he has apprehension that fair justice will not be done in his case.
In the above facts and circumstances, this application has no merit and deserves to be dismissed.
It is, accordingly, dismissed.
Order Date :- 24.7.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the transfer application should be dismissed given the alleged lack of merit.
Whether the apprehension of bias warrants transfer of the Section 125 Cr.P.C. case.
Brijesh Yadav
State Of U.P. Through Additional Chief Sec.Home And Another
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
