Swati vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Swati vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer application disposed of with a direction that if the applicant files an application to pursue the proceedings through video conferencing before the appropriate forum, it shall be considered and she will be permitted to pursue the matter through video conferencing.

Issue for consideration

Whether the pending proceedings instituted by Dheeraj Kumar against the applicant — Case No. 786 of 2020 (Sections 494, 504, 506 IPC) and Case No. 533 of 2021 (Section 494 IPC) — pending before Additional Civil Judge (Junior Division)/ Additional Chief Judicial Magistrate VI, Mirzapur should be transferred from Mirzapur to Prayagraj. +1 more

Court's answer

Since the applicant, formerly wife of opposite party no. 2, was now ready to pursue the matter through video conferencing rather than pressing the transfer prayer, the court proceeded to dispose of the transfer application on that basis.

Ratio / Principle

The instant transfer application was disposed of with a direction that if the applicant files an application to pursue the matter through video conferencing, her application shall be considered and she will be permitted to pursue the matter through video conferencing.

Detailed headnote1 paragraphs

Allahabad High Court (Sameer Jain, J., November 26, 2025), Transfer Application (Criminal) No. 593 of 2025 — Swati sought transfer of two pending criminal proceedings instituted by Dheeraj Kumar against her — Case No. 786 of 2020 (Dheeraj Kumar v. Swati and others) under Sections 494, 504, 506 IPC and Case No. 533 of 2021 (Dheeraj Kumar v. Swati) under Section 494 IPC — both pending before Additional Civil Judge (Junior Division)/ Additional Chief Judicial Magistrate VI, Mirzapur, from Mirzapur to Prayagraj. With the learned AGA having no objection and the applicant stating she was ready to pursue the matter through video conferencing, the court disposed of the application with a direction that if the applicant files an application to pursue the proceedings through video conferencing, it shall be considered and she will be permitted to participate via video conferencing.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 593 of 2025

Swati .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kumar, Vikas Kumar Ojha Counsel for Opposite Party(s) : G.A. Court No. - 73

HON'BLE SAMEER JAIN, J.

Shri Dinesh Kumar, learned counsel for applicant and Shri Imran Khan, learned A.G.A for the State are present.

This application has been filed with the prayer to transfer the Case No. 786 of 2020 (Dheeraj Kumar v. Swati and others) under Section 494, 504, 506 IPC and Case No. 533 of 2021 (Dheeraj Kumar v. Swati) under Section 494 IPC both pending in the court of Additional Civil Judge (Junior Division)/ Additional Chief Judicial Magistrate VI, Mirzapur from Mirzapur to Prayagraj.

At the very outset learned counsel for the applicant submits applicant was wife of opposite party No.2 and she has filed instant transfer application to transfer the proceedings of cases relating to Section 494 IPC from district Mirzapur to Prayagraj but applicant is ready to appear through video conferencing and therefore, the instant application may be disposed off with the direction that if applicant files an application before appropriate forum to appear through video conferencing then her application shall be entertained and she will be permitted to appear through video conferencing.

Learned AGA is having no objection.

The instant transfer application has been filed by the applicant who was wife of opposite party no. 2 with a prayer to transfer the case from District Mirzapur to District Prayagraj but now she is ready to pursue the matter through video conferencing, therefore, instant

TACR No. 593 of 2025

2

transfer application is disposed off with a direction that if applicant files an application to pursue through video conferencing then her application shall be considered and she will be permitted to pursue the matter through video conferencing.

November 26, 2025 Nadeem

(Sameer Jain,J.)

Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad