An application to transfer a maintenance case was dismissed for lack of merit. The court rejected submissions regarding distance, professional practice locations, and alleged safety threats to the applicant.
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Neutral Citation No. - 2023:AHC:152052
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 475 of 2023
Applicant :- Dr Shripati Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri K.D.Shukla, Advocate holding brief of Sri Shri Prakash Dwivedi, learned counsel for the applicant and learned A.G.A. are present.
The present transfer application has been filed to transfer the Case No. 545 of 2019 (Dr.Palak Pushp vs. Dr. Shripati Tripathi), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, District Gorakhpur to any competent court of district Varanasi.
Learned counsel for the applicant submits that the applicant and opposite party no.2 are M.B.B.S. doctors. The applicant is doing practice in district Varanasi and it is very difficult to attend the proceeding of Case No. 545 of 2019 at district Gorakhpur. It is further submitted that it is very difficult to the applicant to go from Varanasi to Gorakhpur to do paiavi of the case because opposite party no.2 and her family members threatened that if you come to Gorakhpur you will not return alive. It is fairly submitted by the learned counsel for the applicant that no date of threat has been mentioned in the affidavit.
This application has no merit and deserves to be dismissed.
Accordingly, this application is dismissed.
Order Date :- 28.7.2023 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a transfer application seeking change of court due to safety threats and convenience has merit
1 provisions across 1 enactments
Dr Shripati Tripathi
State of U.P.
Another
Sanjay Kumar Pachori
Mohammad Azad Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
