Allowed

Sarojani Singh v. State of U.P. and 3 Others

Allahabad HC9 Jul 2024TACR/303/2024

Case brief

AI extract

What is this about?

In a Transfer Application (Criminal) No. 303 of 2024, the Allahabad High Court allowed the applicant's prayer to transfer a domestic offense case from Sonbhadra to Ghaziabad, citing her residence at Ghaziabad and lack of family escort for travel as grounds in the interest of justice.

What did the court decide?

Transfer of Misc. Case No. 295 of 2014 from Court of Civil Judge (JD)/FTC/CAW, Sonbhadra to Competent Court at Ghaziabad with record transmission requirement.

Sarojani Singh vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111394

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 303 of 2024

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Applicant :- Sarojani Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Kumar Yadav,Sunil Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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This is an application filed under Section 407 Cr.P.C. seeking transfer of Misc. Case No. 295 of 2014, under Sections 498-A, 323, 504, 506, 406 IPC and 4 Dowry Prohibition Act, Police Station Obra, District Sonbhadra, pending in the Court of Civil Judge (JD)/FTC/CAW, Sonbhadra, to the Competent Court at Ghaziabad.

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Heard learned counsel for the applicant and the learned AGA.

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Learned counsel for the applicant submits that opposite party no.2 is the husband of the applicant and the marriage of the applicant was solemnized with the opposite party no.2 in the month of November, 2011. After some time dispute arose between the parties and ultimately the applicant was ousted from her matrimonial house in the year 2014. Thereafter the applicant filed the aforesaid case at Sonbhadra. She left the matrimonial house and started living with her parents at Sonbhadra and now after the death of her father, the applicant is living at Ghaziabad with her elder brother. The applicant has no source of income and she is fully dependent upon her brother. No one is to escort her for long journey.

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Learned AGA opposed the prayer.

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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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In the present case it not in dispute that applicant / wife is

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residing at Ghaziabad. In the matrimonial matters the convenience of wife and in particular that she has no one in her family to escort her to undertake a long journey has been held to be good ground for transfer of case as is also evident from Apex Court's decision in Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773 . Looking to the facts of the case, as stated above, I am of the view that it is in interest of justice that the instant transfer application should be allowed and the aforesaid case be transferred to the Competent Court at Ghaziabad from the Court of Civil Judge (JD)/FTC/CAW, Sonbhadra.

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In view of above, the application is allowed .

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The Misc. Case No. 295 of 2014, under Sections 498-A, 323, 504, 506, 406 IPC and 4 Dowry Prohibition Act, Police Station Obra, District Sonbhadra, pending in the Court of Civil Judge (JD)/FTC/CAW, Sonbhadra is transferred to the Competent Court at Ghaziabad. The Court at Sonbhadra shall ensure transmission of record to the District Judgeship Ghaziabad within one month from the date of receipt of this order.

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Order Date :- 9.7.2024 safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Sarojani Singh v. State of U.P. and 3 Others

Case brief

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Sarojani Singh v. State of U.P. and 3 Others

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