The High Court dismissed a transfer application seeking to move a Section 125 Cr.P.C. case from Moradabad to Ghaziabad. The Court dismissed the application after counsel admitted lack of jurisdiction and noted the case was at the final hearing stage.
Transfer application dismissed; copy sent to trial court for disposal.
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Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 528 of 2022
Applicant :- Smt Rehana And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey
Hon'ble Mohd. Azhar Husain Idrisi,J.
Mr. Safiullah, learned counsel for the applicants, Mr. Sunil Kumar Dubey, learned counsel for opposite party no.2 and the learned A.G.A. are present.
The instant transfer application has been preferred with a prayer to transfer the Case No. 541 of 2021 (Smt. Rehana and another Vs. Imran), under Section 125 Cr.P.C. Police Station Bilari, District Moradabad pending before the Family Judge Moradabad from District Judgeship Moradabad to Ghaziabad or Gautam Budh Nagar.
Learned counsel for the applicants submits that he does not intend to press the instant application as want of jurisdiction and same may be dismissed.
Learned counsel for opposite party no. 2 has no objection to the prayer made by the learned counsel for the applicants.
It may also be imperative to mention that the facts and circumstances of the case, it may be inferred that case is placed for final hearing. In such circumstances, it will not serve the purpose of law, even if the case is transferred to any other Court.
In view of the above submissions, of the learned counsel for the parties and learned A.G.A. for the State, the transfer application contains no merit and deserves to be dismissed.
Transfer application is dismissed. The copy of the order be sent to the learned trial court for hearing and disposal of the above stated case, as per law, at the earliest.
Order Date :- 23.3.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
Smt Rehana
State of U.P.
Mohd. Azhar Husain Idrisi
Mohd Tarik
As recorded by the court registry
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