The High Court dismissed a transfer application seeking to move a maintenance case from Lalitpur to Jhansi. The court held that the applicant's apprehension of harassment was illegitimate and ungrounded, finding no reason to transfer the case.
Transfer application dismissed; case remains in District Lalitpur.
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Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 562 of 2022
Applicant :- Mohammad Rafiq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Mr. Rakesh Kumar Shukla, learned counsel for the applicant, Sri Gyanendra Pratap Singh, learned counsel who has put in appearance on behalf of opposite party no. 2 and the learned A.G.A. for the State. Perused the record.
The instant transfer application has been moved with a prayer to transfer the Case No. 206 of 2021 (Smt. Nazma Begum Vs. Mohd. Rafiq) arising out from the application under Section 125 Cr.P.C. related to Police Station Kotwali, District Lalitpur from the court of learned Principal Judge, Family Court, Lalitpur to the same jurisdiction of the learned court below of District Court Jhansi.
It is submitted by the learned counsel for the applicant that opposite party no.2 is legally wedded wife of the applicant and the marriage was solemnised without any dowry. After sometime, opposite party no. 2 started pressurizing the applicant to live separately in Delhi or to give divorce her. Thereafter opposite party no. 2 instituted an application under Section 125 Cr.P.C. with a false allegation before the learned Principal Judge, Family Court, Lalitpur, bearing application no. 206 of 2021. In the aforesaid proceeding, when the notice was issued to the applicant he approached the court concerned in district Lalitpur for filing written statement and also depositing Rs. 2000/- as interim maintenance in early morning. All of a sudden at about 10 a.m. the father-in-law of the applicant, namely, Nasir Khan, who is practicing Advocate, met him just upon the gate of the District Court and the sons of Nasir Khan were also associated with him, they stopped him and suddenly started beating and abusing him. They were also pressurizing him to give Rs. 15 lacs and divorce to opposite party no. 2. In this regard applicant approached the Superintendent of Police as well as other official concerned, but no action has been taken against the family members of opposite party no.2. Therefore, the aforesaid case may be transferred from the district Lalitpur to the same jurisdiction of the learned court of District Jhansi.
Learned A.G.A. has contended that the grounds on which, the present transfer application has been moved are not sustainable under the facts and circumstances of the case. The transfer application has been moved by the applicant for ulterior motive on flimsy grounds, therefore same is liable to be dismissed.
Here it is apposite to mention that in view of sub-section (1) of Section 407 Cr.P.C. a case can be transferred, whenever it is made to appear to High Court-
(a) that a fair and impartial inquiry or trial cannot be had in any criminal court subordinate thereto,or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that an order under this section is required by any provision of the code of criminal procedure,or will tend to the general convenience of the parties or witness,or is expedient for the ends of justice.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties in the light of aforesaid principle, I find apprehension expressed by the applicant is not reasonable and well grounded. The balance of convenience is in favour of opposite party no. 2 in participation of the prosecution case. Illegitimate apprehension can not constitute a legitimate ground to transfer a case from one court to another court. The grounds set out by the applicants do not justify the transfer of case as prayed by the applicants. I do not find any good ground to interfere in the matter.
Transfer application being sans merit stands dismissed.
Office is directed to communicate this order to the concerned court for necessary information and compliance.
Order Date :- 28.3.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
1 issue framed by the court
Whether Section 407 Cr.P.C. applies to the transfer of a maintenance matter with false allegations of harassment by the wife's family.
1 provisions across 1 enactments
Mohammad Rafiq
State of U.P.
Mohd. Azhar Husain Idrisi J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
