Allowed

Smt. Chanchal and 2 Others v. State of U.P. and Another

Allahabad HC19 Sept 2023TACR/685/2022

Case brief

AI extract

What is this about?

This case involves a transfer application regarding a complaint arising from a matrimonial dispute. The applicant, wife of the accused, sought to transfer the pending case from Bulandshahr to Aligarh Judgeship due to three other related matrimonial cases pending there. The court relied on previously established precedents and allowed the application to transfer the case to the competent court in A

What did the court decide?

The Complaint Case No. 478 of 2018 pending before the Additional Chief Judicial Magistrate, Anoop Shahar, District Bulandshhar is transferred to the competent court of Aligarh Judgeship.

Smt. Chanchal and 2 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184501

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 685 of 2022

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Applicant :- Smt. Chanchal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manu Pathak,Deepak Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri R.K.Srivastava, Advocate holding brief of Sri Deepak Kumar Singh, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

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Despite service of notice, none has appeared for opposite party nos. 1 to 5.

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The present transfer application has been filed to transfer the Complaint Case No. 478 of 2018 (Yogesh vs. Chanchal), under Section 406 IPC pending in the court of Additional Chief Judicial Magistrate, Anoop Shahar, District Bulandshahr to any competent court of Aligarh Judgeship.

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Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. The case is arising out of matrimonial dispute. It is further submitted that three other cases relating to matrimonial dispute are pending in the competent court of Aligarh Judgeship Judgeship, i.e., one Case is under Section 498A, 323, 504, 506, 452, 427 IPC, second case is Case No. 379 of 2019, under Section 125 Cr.P.C and the third case is Case No. 708 of 2019, under Section 12, 17, 18, 19, 20, 22, and 23 Domestic Violence Act .

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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 Parvez Jafferi, AIR 2009 SC 1773.

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In view of the facts and circumstances of the case, this application is allowed.

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The Complaint Case No. 478 of 2018 (Yogesh vs. Chanchal),

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under Section 406 IPC pending in the court of Additional Chief Judicial Magistrate, Anoop Shahar, District Bulandshahr is transferred to competent court of Aligarh Judgeship.

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Order Date :- 19.9.2023 MAA/-

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Smt. Chanchal and 2 Others v. State of U.P. and Another

Case brief

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Smt. Chanchal and 2 Others v. State of U.P. and Another

Case brief

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