Rohtash v. State of U.P. and Another
Case brief
What is this about?
The court rejected a transfer application filed under Section 407 Cr.P.C. seeking to move a domestic violence case from District Baghpat to another district. The court held that transfer cannot be granted on fancied notions or to allow a litigant to choose a convenient forum without substantiated grounds, and no such good grounds were found.
What did the court decide?
Transfer application rejected; proceedings not stayed.
What the court decided
Neutral Citation No. - 2024:AHC:147920
Court No. - 86
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 280 of 2024
Applicant :- Rohtash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- Ankit Kumar,G.A.,Rajneesh Kumar Upadhyay,Shrawan Kumar Pandey
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant and learned A.G.A. for the State.
- The present transfer application under Section 407 Cr.P.C. has been moved by the applicant/ father-in-law of the opposite party no.2 seeking transfer of Case No. 31 of 2023 under section 12 of the Protection of Women from Domestic Violence Act, 2005, P.S.Baraut, District Baghpat pending in the Court of Civil Judge, Junior Division/ F.T.C., Baghpat to any other competent Court of any other district of Uttar Pradesh. Further prayer has been made to stay the further proceedings of the aforesaid case.
- It is submitted that in the said case the applicant who is the father-in-law of opposite party no.2 has no concerned with any of the act causing domestic violence to opposite party no.2. It is further submitted that opposite party no.2 is an advocate practicing at civil Court Baghpat. The applicant is always harassed and abused by opposite party no.2 along with her other associate advocates and that is why he is not in a position to contest the said case under the domestic violence act and it is expedient in the interest of justice to transfer the aforesaid case from district Baghpat to any competent Court in the State.
Issues for consideration
2 issues framed by the court
Whether the grounds for transfer of the case under Section 407 Cr.P.C. were justified in the interest of justice?
Whether the applicant's allegation of harassment by the opposite party necessitated a change of forum?
Parties & counsel
- applicant
Rohtash
- respondent
State of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- TACR/280/2024
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