Wajid Ali and Others Vs the State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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TRANSFER APPLICATION (CRIMINAL) No. - 103 of 2023

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Wajid Ali And Others

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.....Applicant(s)

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Versus The State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others .....Opposite Party(s) Counsel for Applicant(s) : Satya Prakash Srivastava Counsel for Opposite Party(s) : G.A., Adarsh Kumar Tripathi, Gyanendra Pathak

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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On 18.08.2025, the following order was passed by this court:-

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" Case called out.

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Learned counsel for the applicant and learned AGA are present but nobody has put in appearance on behalf of the private respondents.

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List this case in week commencing 25.08.2025 in terms of previous orders.

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In case the learned counsel for the private respondent is not present even on the next date, the Court will proceed to pass appropriate orders after hearing submissions of the learned AGA and the learned counsel for the applicant. "

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Today, when the case was called, no one has put in appearance to oppose the present application seeking transfer of Complaint Case no. 3850 of 2021 (Smt. Rubina Bano versus Alam Hussain and ors), pending before Court of Civil Judge (J.D)/F.T.C, Bahraich to a competent court of jurisdiction at Gonda, where a case based upon the police report, arising out of Case Crime No. 0068 of 2022 registered an application prepared by opposite party no. 4, P.S Mahila Thana, District-Bahraich, under Sections 498A, 323, 504, 506 I.P.C and Section 3/4 Dowry Prohibition Act is pending.

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The main prayer sought in the present application is extracted hereinbelow:-

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" Wherefore, it is prayed that this Hon'ble Court keeping in view the contents of Section 210 Cr.P.C. as well as application under Section 210 Cr.P.C. as contained in Annexure No.3 to this petition, may kindly be pleased to transfer the Complaint Case No.3850 of 2021; Smt.Rubeena Bano Vs. Aalam Husain and others,

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TACR No. 103 of 2023

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2

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pending before the Court of Civil Judge (Junior Division)/F.T.C., Bahraich, to the Court of Civil Judge (Junior Division)/F.T.C.-I, Gonda, where the police report has been filed under Section 498-A, 323, 504, 506 and 354 I.P.C. and the trial is going on for the same incident."

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Upon due consideration to the facts of the case including the following facts, this court is of the view that the application in issue is liable to be allowed.

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(i) The applicants are the in-laws of the opposite party no. 4 Smt. Rubeena Bano, wife of Sri Alam Hussain, who is a resident of Baniya Gaon, P.S Payagpur, District Bahraich. It is accordingly allowed.

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(ii) The opposite party no. 4 lodged an F.I.R on 12.09.2022, registered as F.I.R/Case Crime No. 0068 of 2022, P.S Mahila Thana, Gonda.

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(iii) In relation to the F.I.R/Case Crime No. 0068 of 2022, the Investigating Officer upon completion of the investigation, has submitted the chargesheet no. 1 dated 12.12.2022 before the concerned Magistrate at Gonda.

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(iv) The applicants thereafter, appeared before the Magistrate and got bail and were released on bail. Presently, the applicants (in-laws of opposite party no. 4) are on bail and are regularly appearing in the court of competent jurisdiction at Gonda.

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(v) In addition to above, this court also considered Section 210 Cr.P.C.

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Complaint Case No. 3850 of 2021 (Smt. Rubeena Bano versus Aalam Hussain and others) is transferred to the court of competent jurisdiction i.e. Court of Civil Judge (Junior Division)/F.T.C-I, Gonda.

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Let the record of Complaint Case No. 3850 of 2021 (Smt. Rubeena Bano versus Aalam Hussain and others) be transmitted to the Court of Civil Judge (Junior Division)/F.T.C-I, Gonda.

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December 10, 2025 DiVYa

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(Saurabh Lavania,J.)

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Wajid Ali and Others v. the State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Others

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Wajid Ali and Others v. the State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Others

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