In a transfer application regarding a Section 125 Cr.P.C. case pending in Family Court, Amroha, the applicant sought transfer to District Deoria alleging the opposite party resides there. The court dismissed the application as devoid of merit.
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Neutral Citation No. - 2023:AHC:148916
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 693 of 2022
Applicant :- Pintu Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Jagdish Singh, learned counsel for the applicant and learned A.G.A. for the State are present.
Present Transfer Application has been filed to transfer the case No. 522 of 2022 (Meena Devi Vs. Pintu Pal) under Section 125, Cr.P.C., pending in the court of Principal Judge, Family Court, Amroha to the competent court of Judgeship of District Deoria.
Learned counsel for the applicant submits that the opposite party No. 2 is resident of District Deoria and the marriage of the applicant was solemnized in the parental house of the opposite party No. 2. He fairly admits that there is no other averments with regard to the present residence of opposite party No. 2. The applicant is husband of the opposite party No. 2.
In view of the above facts and circumstances, the Transfer Application has no merit and deserves to be dismissed.
The instant application is dismissed accordingly.
Order Date :- 26.7.2023 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer of the case under Section 125 Cr.P.C. from Family Court, Amroha to Judgeship of District Deoria warrants approval based on the parties' residence details.
1 provisions across 1 enactments
Pintu Pal
Sanjay Kumar Pachori
Tripti Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
