Dismissed

Priyanka Achari v. Ram Prakash Achari

Allahabad HC22 Apr 2024/37/2024

Case brief

AI extract

What is this about?

In this criminal transfer application under Section 407 Cr.P.C., the applicant sought to transfer maintenance proceedings from Faizabad to Lucknow, alleging threats. The Court found the allegations of threats to be vague, false, and frivolous, characterizing the application as an attempt to delay proceedings. Consequently, the transfer was not permitted.

What did the court decide?

The transfer application under Section 407 Cr.P.C. was dismissed.

Priyanka Achari Vs Ram Prakash Achari — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31122

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Court No. - 27

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 37 of 2024

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Applicant :- Priyanka Achari Opposite Party :- Ram Prakash Achari Counsel for Applicant :- Rohit Kumar Sahu

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Hon'ble Shamim Ahmed,J.

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Heard Sri Rohit Kumar Sahu, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A.-I for the State as well as perused the record.

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This application Under Section 407 Cr.P.C. has been moved on behalf of applicant:Priyanka Achari with a prayer to transfer the proceedings of Case No.388 of 2016, under Section 125 Cr.P.C., Police Station Kotwali Ayodhya, District Faizabad pending before the learned Additional Principal Judge, Family Court, Faizabad to any other competent Court in the DistrictLucknow.

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It is submitted by learned counsel for the applicant that the applicant had lodged three cases against the husband and husband had lodged one case under Section 13 of the Hindu Marriage Act, 1956. It is further submitted by the learned counsel for the applicant that while going to attend the proceeding of case, she has received threatening call and some persons of gunda nature have threatened the applicant with dire consequences. Thus, the instant application is liable to be allowed.

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On the other hand, learned A.G.A.-I for the State submits that the allegation levelled in paragraph No.24 is totally vague, false and frivolous. It is just a ploy to delay the proceedings of the aforesaid trial. There is no proper ground for transferring of the aforesaid case from one court to another court in the District Lucknow. Thus, the instant application being devoid of merits is liable to be dismissed.

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After considering the over all facts and circumstances of the case as well as after hearing the learned counsel for the respective parties, this Court finds that there is no good ground for transfer of the case from one Court to the another in the District Lucknow as the allegation levelled in paragraph No.24 is completely vague, false and frivolous and does not attract the

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Court to pass an order in favour of the applicant. It is just a ploy adopted by the applicant to delay the proceedings of the aforesaid trial. The application lacks merit and the same is liable to be dismissed.

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The present application under Section 407 Cr.P.C. is, accordingly, dismissed .

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Order Date :- 22.4.2024 Raj

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Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Priyanka Achari v. Ram Prakash Achari

Case brief

What is this about?

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Priyanka Achari v. Ram Prakash Achari

Case brief

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