Deepaka Chaudhary Alias Deepika Chaudhary Vs State of Up and 2 Thers

Neutral Citation No. - 2024:AHC:122247

Court No. - 86

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 76 of 2024

Applicant :- Deepaka Chaudhary Alias Deepika Chaudhary Opposite Party :- State Of Up And 2 Thers Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.,Hari Prakash Mishra

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Pleadings have been exchanged.

¶7

Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned AGA for the State.

¶8

The present transfer application has been moved by the applicant to transfer Case No.22583 of 2023 (arising out of Case Crime No.915 of 2022), State vs. Rajesh Chahar and another, under Sections 452, 323, 504, 506, 427, 354(kha) and Section 324 IPC, P.S. Sikandra, District Agra, pending before the court of Chief Judicial Magistrate, Agra to any competent court in the Sessions Division, Bulandshahr.

¶9

Learned counsel for the applicant submits that the present applicant was married with one Rahul Solanki and after marriage, some matrimonial dispute arose between them, which resulted into several litigations between the two. In some of the matters, compromise took place between the two but subsequently, a new case was filed against the present applicant from the husband side. The applicant has herself filed certain cases against her husband Rahul Solanki. The matter also came up to the Hon'ble Supreme Court and the Hon'ble High Court but the dispute is still existing. It is further submitted that opposite party nos.2 and 3 are the persons from her husband side and they have also been opposite parties/accused in the cases lodged by the applicant. It is further submitted that the applicant is a lady and belongs to an average family. She has been deserted by her husband and she is living in her parental house at Bulandshahr and her father has also lost his life and now there is no one left in her family. The applicant is not in a position to bear the expenses to go to Agra on each and every date for the pairavi of the said case, which is far away from District Bulandshahr. She has also a minor daughter, who is a

¶10

student of Class VI studying at District Bulandshahr and lives with her and it is also not possible for her to leave her minor child at District Bulandshahr and to go to the District Agra for pairavi of her case. She is being continuously harassed by the opposite party no.2 as well as by her husband by lodging false cases against her and it is expedient in the interest of justice that the said case is transferred from the District Agra to District Bulandshahr.

¶11

The application was vehemently opposed by opposite party nos.2 and 3 and it was submitted that the cases lodged against the applicant by her husband or by opposite party nos.2 and 3 are the correct and genuine cases. It is also submitted that the affidavit submitted in support of the application has not been deposed by a proper person. It is further submitted that in the criminal case filed by opposite party no.2 against the applicant after collecting sufficient evidence during investigation the IO has filed charge sheet against the applicant. It is further submitted that opposite party no.2 has no concern with the matrimonial dispute pending between the applicant and her husband Rahul Solanki, as she is not the family member of either of the couple. It is also submitted that a criminal case cannot be transferred at the instance of the accused. It is also submitted by opposite party no.2 that opposite party no.3 is in fact a man of the applicant and her right hand and both are accused in a criminal case wherein opposite party no.2 is the injured and in this case also charge sheet has been filed. It is further submitted that there is no cogent ground to transfer the criminal case under reference to any other District from District Agra.

¶12

Contending to that a submission has been made on behalf of the lady applicant that the deponent in the affidavit is the cousin brother-in-law (jija) of the applicant and he was in a position to depose on behalf of the applicant being well conversant to the facts of the case. It is further submitted that the applicant is always under danger of life if she visits to Agra for the pairavi of the case. It is also submitted that opposite party no.2, who is a lady, is not a family member of the husband of the applicant Rahul Solanki but she is having some illicit relationship with the husband of the applicant and that is why she is also being arraigned as co-accused along with Rahul Solanki in one criminal case, which is going on at District Agra.

¶13

Considering the facts and circumstances of the case, the Court finds that the lady applicant is residing at District Bulandshahr. She appears to be a lady living with her minor girl child and has lost her father while residing in her parental house at Bulandshahr

¶14

and the opposite party nos.2 and 3 are the residents of Agra. Admittedly, various litigations are going on between the applicant and her husband Rahul Solanki, who is also resident of Agra and it appears that she is in genuine apprehension of her safety of life, if she visits to Agra. But at the same time, it is also considered by this Court that opposite party no.2, who is also a lady, resides at Agra and she may suffer the same inconvenience to visit to District Bulandshahr from Agra as the applicant claims in her favour although, she is an accused in the case in hand.

¶15

In view of that, it seems to be expedient in the interest of justice that the Case No.22583 of 2023 (arising out of Case Crime No.915 of 2022), State vs. Rajesh Chahar and another, under Sections 452, 323, 504, 506, 427, 354(kha) and Section 324 IPC, P.S. Sikandra, District Agra be transferred from District Agra to nearby District Firozabad which is also nearby to District Bulandshahr, which may cause less hardship to the applicant and may be a little convenient for opposite party no.2, the lady as well.

¶16

The transfer application is disposed of in terms of the view expressed above and Case No.22583 of 2023 (arising out of Case Crime No.915 of 2022), State vs. Rajesh Chahar and another, under Sections 452, 323, 504, 506, 427, 354(kha) and Section 324 IPC, P.S. Sikandra, District Agra, pending before the court of Chief Judicial Magistrate, Agra is hereby transferred to any competent Magistrate Court at District Firozabad.

¶17

The Sessions Judge, Agra is directed to transfer the record of the case to the District Firozabad in accordance with Rules, forthwith.

¶18

Order Date :- 19.7.2024 Priya

¶19

Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad

Deepaka Chaudhary Alias Deepika Chaudhary v. State of Up and 2 Thers

Case brief

What is this about?

Deepaka Chaudhary Alias Deepika Chaudhary v. State of Up and 2 Thers

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases