The applicant withdrew her underlying trial court case against the opposite parties. Consequently, the High Court dismissed her transfer application seeking to move the case from District Moradabad to Ghaziabad or Gautam Budh Nagar.
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Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 524 of 2022
Applicant :- Smt. Rehana Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
1- Heard Sri Safiullah, learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
2- The present transfer application has been filed with a prayer to allow this application and transfer the Case No. 1111 of 2021 (Smt. Rehana Vs. Imran and Other), under Section 12 Domestic Violence Act, Police Station Bilari, District Moradabad pending in the court of ACJM-I, Moradabad, from District Judgeship Moradabad to Ghaziabad or Gautam Budh Nagar.
3- At the outset, learned counsel for the applicant submits that opposite party no. 2 has not discharged his matrimonial obligation till date and wants to linger this case. He submits that applicant could not doing proper pairvi in her case due to fear of opposite party nos. 2 to 8 and they have also good political approach in local administration upon which they made pressure upon the applicant to withdraw her case filed against them.
4- Although learned A.G.A. refuted the above arguement however, learned counsel for the applicant has stated in the Court that applicant has withdrawn her case in the trial court, therefore, they do not want to press this transfer application. Learned A.G.A. has no objection to it.
5- In view of the above, this transfer application is dismissed. Order Date :- 12.4.2023 Israr
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
Smt. Rehana
Mohd. Azhar Husain Idrisi
Israr
As recorded by the court registry
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