Transfer application under Section 447 BNSS seeking transfer of a dowry-related criminal case from Auraiya to Kanpur. The court found no merit: the case arose from a matrimonial dispute, a quashing petition was already pending, and the apprehension of fear lacked convincing material. Application dismissed.
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Neutral Citation No. - 2025:AHC:41503
Court No. - 77
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 154 of 2025 Applicant :- Ankit Dixit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicants have filed this application under Section 447 BNSS seeking transfer of Case No. 1660 of 2022, titled State Vs. Ankit Dixit and another, arising out of Case Crime No. 753 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Auraiya, District Auraiya, pending before the Chief Judicial Magistrate, Auraiya to District Kanpur or any other district.
Learned counsel for the applicants has argued that the applicant no.1 is in Army, who is posted in forward area and the subject case is being pursued by his father at Auraiya. Learned counsel submits that on 17.10.2024 when the applicants visited Auraiya, the opposite party no2, her mother and other unknown persons entered into scuffle with the applicants and abused them, whereupon a case bearing Case Crime No. 561 of 2024, under Sections 115(2), 352, 351(2) BNS, Police Station Auraiya, District Auraiya was registered. Learned counsel prays that it would be in the interest of justice, if, the criminal case pending at Auraiya is transferred to Kanpur Nagar or any other district, as it would be convenient to the applicants to pursue the said case.
After hearing the learned counsel for applicants and considering his submissions, this Court does not find any merit in this case, as the subject case arises from a matrimonial dispute and a petition bearing Application U/S 482 No.36457 of 2024 filed by the applicants is already pending adjudication before this Court. A perusal of the affidavit appended with the application shows that the applicants have pleaded the ground, which may be only relevant for quashing of the criminal proceedings. That apart, the apprehension of fear expressed by the applicants is not supported by any convincing material, therefore, no case is made out for transfer of the case.
The application is dismissed.
Order Date :- 20.3.2025/P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal case pending at Auraiya should be transferred to Kanpur Nagar on grounds of the applicant's Army posting and alleged apprehension of fear.
3 provisions across 3 enactments
Ankit Dixit and Another
State of U.P.
Opposite Party No. 2
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
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