In a transfer application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the Allahabad High Court dismissed the petition seeking transfer of a case from Farrukhabad to Mathura as it lacked merit.
Transfer application dismissed.
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Neutral Citation No. - 2023:AHC:149173
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 63 of 2023
Applicant :- Nitesh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Sunil Kumar Gaur
Hon'ble Sanjay Kumar Pachori,J.
Counter affidavit filed by learned counsel for the opposite party no. 2, which is taken on record.
Sri Yogesh Kumar Tiwari, learned counsel for the applicant, Sri Sunil Kumar Gaur, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Case No. 1214 of 2021 (State Vs. Nitesh Sharma and others) under Section 12 of Protection of Women from Domestic Violence Act, 2005, pending in the Court of Judicial Magistrate/ F.T.C.- 2nd Farrukhabad to any other competent court of judgeship Mathura.
The present transfer application has been filed by the husband of the opposite party no. 2.
Learned counsel for the applicant fairly admits that the opposite party no. 2 is resided at District Farrukhabad.
Learned counsel for the opposite party no. 2 vehemently opposed the prayer.
In view of the above, the present transfer application deserves no merit and the same is dismissed .
Order Date :- 26.7.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Nitesh Sharma
State of U.P.
Sanjay Kumar Pachori
Ishan Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
