Allowed

Smt Shalini Verma v. State of U.P.

Allahabad HC14 Dec 2023TACR/659/2022

Case brief

AI extract

What is this about?

TheAllahabad High Court allowed a transfer application to move a criminal case pending in Moradabad to the competent court of Amroha. The applicant, the accused's wife, sought transfer due to other pending cases against the same parties in Amroha.

What did the court decide?

Case No. 8400/9 of 2022 transferred from Court of Chief Judicial Magistrate, Moradabad, to competent court of Amroha (J.P. Nagar).

Smt Shalini Verma Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:237127

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 659 of 2022

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Applicant :- Smt Shalini Verma Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Agarwal,Virpratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Shri Vikas Kumar, Advocate holding brief of Shri Rajat Agarwal, learned counsel for the applicant and learned A.G.A. for the State are present. Despite service of notice upon opposite party Nos. 2 to 6, none appears on their behalf.

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Present Transfer Application has been filed to transfer the case No. 8400/9 of 2022 (State Vs. Shobhit Verma and others) arising out of case crime No. 202 of 2022, under Sections 498-A, 323, 504, 506, IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad to any other competent court of Amroha (J.P. Nagar).

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Learned counsel for the applicant submits that the applicant is wife of opposite party No. 2. It is further submitted that two other cases under Section 125, Cr.P.C. and under Section 12 of Protection of Women from Domestic Violence Act are pending against the opposite parties in the competent court of District Judgeship Amroha.

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Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema Vs. Jafri Syed Husain @ Syed Parvej Jafferi, AIR 2009 SC 1773.

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Learned counsel for the opposite party Nos. 2 to 6 vehemently opposed the prayer.

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In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed.

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The instant transfer application is allowed and the case No. 8400/9 of 2022 (State Vs. Shobhit Verma and others) arising out of case crime No. 202 of 2022, under Sections 498-A, 323, 504, 506, IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad is transferred to the competent court of Amroha (J.P. Nagar).

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Let a certified copy of this order be sent to Sessions Judge, Moradabad and Sessions Judge, Amroha (J.P. Nagar) for necessary compliance and action.

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Order Date :- 14.12.2023 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Smt Shalini Verma v. State of U.P.

Case brief

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Smt Shalini Verma v. State of U.P.

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