Munendra Kumar Pandey and Another Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:184549

Court No. - 83

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 195 of 2023 Applicant :- Munendra Kumar Pandey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alkesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Alkesh Singh, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned brief holder for the State are present.

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On refusal to take service of notice on behalf of opposite party no.2, opposite party no.2 was informed telephonically.

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The present transfer application has been filed to transfer the Special Trial No. 17 of 2017, under Section 394, 506 IPC pending in the court of Additional District and Sessions Judge,/FTC First, Auraiya to any competent court of Mainpuri Judgeship.

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Learned counsel for the applicant submits that the applicant is father-in-law of the opposite party no.2 and daughter of applicant no.1 is wife of opposite party no.2. It is further submitted that the case is arising out matrimonial dispute. It is further submitted that two cases between daughter of the applicant no.1 and opposite party no.2 are pending in the competent court of Mainpuri Judgeship.

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Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773.

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In view of the facts and circumstances of the case, this application is allowed.

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The Special Trial No. 17 of 2017, under Section 394, 506 IPC pending in the court of Additional District and Sessions Judge,/FTC First, Auraiya is transferred to competent court of Mainpuri Judgeship.

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Order Date :- 19.9.2023/-MAA/-

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Munendra Kumar Pandey and Another v. State of U.P. and Another

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Munendra Kumar Pandey and Another v. State of U.P. and Another

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