Nipin Singh v. State of U.P. and Another

Neutral Citation No. - 2024:AHC:112919

Court No. - 86

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 183 of 2024

Applicant :- Nipin Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Priya Mishra Counsel for Opposite Party :- G.A.,Himanshu Giri,Nitesh Tripathi

Hon'ble Nalin Kumar Srivastava,J.

1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

1. The present transfer application has been moved by the applicant under Section 407 Cr.P.C. seeking transfer of Case No. 4196 of 2023, case crime no.0164 of 2023, under Sections 279, 304-A, 427 IPC, P.S. Didauli, District Amroha pending in the Court of C.J.M., Amroha to the Competent Court at Gorakhpur

1. It is submitted by the learned counsel for the applicant that three cases relating to matrimonial dispute are already pending in the Competent Courts at district Gorakhpur. It is also submitted that one police challani case for the alleged cruelty and harassment in connection with the demand of additional dowry is pending before the competent Court at Gorakhpur, wherein the opposite party no.2 is the informant. It is also submitted two other cases, one under Section 9 Hindu Marriage Act and another under Section 12 Protection of Women from Domestic Violence Act are also pending at Gorakhpur. It is very hard to contest the case by the applicant at District Amroha instead of pursuing the case at Gorakhpur. It is further submitted that keeping in view the general convenience of the parties and also being expedient for the ends of justice, the case pending in Amroha Judgeship may be transferred before the Court of competent jurisdiction at Gorakhpur.