Allowed

Chetan Lakhanpal v. State of U.P. and Another

Allahabad HC4 Jul 2024TACR/379/2024

Case brief

AI extract

What is this about?

The Single Judge allowed a transfer application praying for the transfer of a criminal case involving cruelty and dowry from Judicial Magistrate-II, Varanasi to a competent court at Lucknow due to the residence and official duties of the accused's wife. The court held that transfer would not cause inconvenience.

What did the court decide?

Transferred Case No. 3568 of 2024 from Judicial Magistrate-II, Varanasi to the competent Court at Lucknow.

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

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Neutral Citation No. - 2024:AHC:180478

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Court No. - 82

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 379 of 2024

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Applicant :- Chetan Lakhanpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.K.Ojha,Vikas Kumar Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Despite service of notice, none is present for the opposite party no.2.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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Present transfer application has been moved by the applicant with a prayer to transfer the Case No.3568 of 2024 (State Vs. Chetan Lakhanpal and others) arising out of Case Crime No.407 of 2022 under Sections 498-A, 323, 504, 506, 377 IPC and 3/4 Dowry Prohibition Act, Police Station Sarnath, District Varanasi pending in the court of Judicial Magistrate-II, Varanasi from District Varanasi to any competent court of District Lucknow. Further prayer has been made to stay the further proceedings of the aforesaid case.

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It is submitted by learned counsel for the applicant that he is husband of the opposite party no.2 and living at Lucknow. A Case no.2388/2022 u/s 13(1A) of Hindu Marriage Act and other case u/s 26 of Hindu Marriage Act for the custody of his daughter as Case No.88/23 are pending before the learned court at Lucknow. It is further submitted that cases u/s 125 Cr.P.C. and u/s 12 of the Domestic Violence Act have already been transferred to the competent court at Lucknow vide order dated 15.4.2024 passed by this Court in Transfer Application (Criminal) No.736 of 2023. Therefore, request has been made to transfer the present case also to the court at Lucknow having equivalent jurisdiction on the ground that the applicant is living at Lucknow with his parents and opposite party no.2 is also living at Lucknow, as she is working in Ministry of Mines, Geological Survey of India, Head Office Vasundhara G.S.I., Sector - E Lucknow and while staying at Lucknow, her duty is to visit the Districts Banda, Chitrakoot,

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Bharatkoop and Satna as per the direction of her office and after these visits she comes back to Lucknow. It is also submitted that in view of the convenience of both the parties the instant case under Sections 498-A, 323, 504, 506, 377 IPC and 3/4 Dowry Prohibition Act pending in the court of Judicial Magistrate-II, Varanasi be transferred to the learned court at Lucknow having equivalent jurisdiction.

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5. Learned A.G.A. opposed the prayer.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the material available on record which shows that the opposite party no.2 is working as Geologist in the Ministry of Mines, Geological Survey of India whose office is situated at Lucknow and she makes official movement from Lucknow to Banda, Chitrakoot, Bharatkoop and Satna and then comes back to Lucknow where she resides, the Court is of the view that if the case under Sections 498-A, 323, 504, 506, 377 IPC and 3/4 Dowry Prohibition Act pending in the court of Judicial Magistrate-II, Varanasi is transferred from the court of Varanasi to the court at Lucknow, it would not cause any inconvenience to opposite party no.2, the wife in view of her stay at Lucknow.

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Looking to the facts of the case, as stated above, I am of the view that it is in the interest of justice that the instant transfer application should be allowed.

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In view of that, the present transfer application is allowed. Let the Case No.3568 of 2024 (State Vs. Chetan Lakhanpal and others) arising out of Case Crime No.407 of 2022 under Sections 498-A, 323, 504, 506, 377 IPC and 3/4 Dowry Prohibition Act be transferred from the Court of Judicial Magistrate-II, Varanasi to the competent Court at Lucknow. The Court at Varanasi shall ensure transmission of record to the District Judgeship Lucknow.

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Order Date :- 18.11.2024 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Chetan Lakhanpal v. State of U.P. and Another

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Chetan Lakhanpal v. State of U.P. and Another

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