Dismissed

Ankit Tyagi v. State of U.P. and Another

Allahabad HC30 Jul 2024TACR/300/2024

Case brief

AI extract

What is this about?

The Hon'ble High Court of Judicature at Allahabad addressed a transfer application under Section 407 Cr.P.C. to move a Section 125 Cr.P.C. maintenance case from Muzaffar Nagar to Ghaziabad. The court rejected the transfer, finding no good ground to interfere as the grounds were not substantiated.

What did the court decide?

Transfer of Case No. 414 of 2024 from Family Court, Muzaffar Nagar to Ghaziabad under Section 407 Cr.P.C. is rejected.

Ankit Tyagi vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149276

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 300 of 2024

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Applicant :- Ankit Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present transfer application has been moved by the applicant / husband under Section 407 Cr.P.C. seeking transfer of Case No. 414 of 2024 under Section 125 Cr.P.C pending before the Principal Judge, Family Court, Muzaffar Nagar to the Competent Court at Ghaziabad. Further prayer has been made to stay the further proceedings of the aforesaid case.

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Relevant facts in this matter, as mentioned in the application are that he is the husband of opposite party no.2 and their marriage took place on 24.2.2012. Thereafter some dispute arose between them. It is further submitted that only to harass the husband/ applicant the case under Section 125 Cr.P.C. was filed against him at district Muzaffar Nagar. It is further submitted that at district Muzaffar Nagar there is serious apprehension to the applicant for his life. He resides at Ghaziabad and the distance from Ghaziabad to Muzaffar Nagar is also about 125 Kms. On these grounds a prayer has been made to transfer the said case from Family Court Muzaffar Nagar to Ghaziabad.

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Despite sufficient service of notice, none appears on behalf of opposite party no.2.

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The allegations made in the transfer petition have been vehemently denied by the learned AGA.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.

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No universal or hard and fast rules can be applied for deciding a transfer application which is always to be decided on the basis of facts of each case. The Hon'ble Apex Court in Vijay Pal and others Vs. State of Haryana and another, 1999 (9) SCC 67 has held that in absence of any justified reason, it is not proper and legal to exercise power under Section 407 Cr.P.C.

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A party, either complainant or the accused should not ordinarily be allowed to have the Forum of his/her own choice. A transfer applicant cannot be allowed to make unfounded charges. A transfer should not be granted on a fancied notion of a litigant. Where the ground for transfer is not substantiated and as such does not exist, the application for transfer should not be allowed. It should not be allowed to help a litigant to choose a Bench of his own choice.

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There is matrimonial dispute between the parties and convenience of wife to pursue the proceedings is a relevant factor if pleaded bona fide for justifying transfer of a matter to the place where it is convenient to the wife. The grounds taken by the applicant in the present transfer application do not justify the transfer of case as prayed by the applicant.

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Looking to the facts and circumstances of the case, I do not find any good ground to interfere in the matter.

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The transfer application is, accordingly, rejected .

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Order Date :- 12.9.2024 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Ankit Tyagi v. State of U.P. and Another

Case brief

What is this about?

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Ankit Tyagi v. State of U.P. and Another

Case brief

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