Allowed

Smt Kirti Jaiswal v. State of Up and Another

Allahabad HC15 Jul 2024TACR/61/2024

Case brief

AI extract

What is this about?

On a transfer application under Section 407 Cr.P.C., the court allowed the request to move the case from Ghaziabad to Kanpur Nagar. The decision was based on the applicant's status as a spouse with no income and no family members to escort her on a long journey.

What did the court decide?

Transfer of Case No. 4033 of 2021 pending in Court of A.C.J.M.-2, Ghaziabad to Competent Court at Kanpur Nagar.

Smt Kirti Jaiswal vs State of Up and Another — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112782

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 61 of 2024

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Applicant :- Smt Kirti Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaustubh Tripathi Counsel for Opposite Party :- Ashish Rai,G.A.,Om Prakash Rai

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Hon'ble Nalin Kumar Srivastava,J.

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This is an application filed under Section 407 Cr.P.C. seeking transfer of Case No. 4033 of 2021, arising out of case crime no. 1420 of 2018, under Sections 420, 406, 120-B IPC, Police Station Vijyanagar, District Ghaziabad, pending in the Court of A.C.J.M.-2, Ghaziabad, to the Competent Court at Kanpur Nagar.

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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 on 23.11.2017. After some time dispute arose between the parties and ultimately the applicant was ousted from her matrimonial house. She left the matrimonial house and started living with her parents at Kanpur Nagar and now father of the applicant has expired. The applicant has no source of income and she is fully dependent upon her mother. No one is to escort her for long journey. She has filed three cases at Kanpur Nagar against the opposite party no.2.

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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 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 a good ground for transfer of case as may be found in Hon'ble Apex Court's decision in Anjali Ashok Sadhwani vs.

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Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773 and other catena of judgments. 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 Case No. 4033 of 2021, arising out of case crime no. 1420 of 2018, under Sections 420, 406, 120-B IPC, Police Station Vijyanagar, District Ghaziabad, pending in the Court of A.C.J.M.-2, Ghaziabad, is transferred to the Competent Court at Kanpur Nagar. The Court at Ghaziabad shall ensure transmission of record to the District Judgeship Kanpur Nagar within one month from the date of receipt of this order.

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Order Date :- 15.7.2024 safi

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

Smt Kirti Jaiswal v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Smt Kirti Jaiswal v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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