Satyendra Kumar Singh vs State of Up and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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TRANSFER APPLICATION (CRIMINAL) No. - 670 of 2024

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Satyendra Kumar Singh

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.....Applicant(s)

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	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Kamlesh Kumar Singh
Counsel for Opposite Party(s)	:	G.A.
Court No.- 73

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HON'BLE SAMEER JAIN, J.

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As per office report dated 31.01.2025 notice has been served to opposite party no.2 through her father. Despite service of notice none present on behalf of opposite party no.2.

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Heard Sri Kamlesh Kumar Singh, learned counsel for applicant and Sri Vijay Kumar, learned AGA-I for the State.

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The instant transfer application has been filed by the applicant with a prayer to transfer the trial of Complaint Case No. 349 of 2020 (Pooja Singh Vs Satyendra Kumar Singh), under Sections 498A, 323, 504, 506, 427 IPC and Section 3/4 D.P. Act, Police Station Chakiya, District Chandauli pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Chakiya Chandauli to the District Court Varanasi.

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Learned counsel for applicant submits, applicant is husband of opposite party no.2 and on 02.02.2018 she lodged FIR against applicant and his family members for offence under Sections 323, 498A, 376, 377 IPC and 3/4 D.P. Act and trial of the case is pending in District Court Varanasi but she filed a separate complaint in the year 2020 against applicant and his family members for offence 498A, 323, 504, 506, 427 IPC and Section 3/4 D.P. Act and trial of this case is pending before Judicial Magistrate, Chakiya Chandauli as Complaint Case No. 349 of 2020.

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He further submits, opposite party no.2 is contesting the case against applicant in District Court Varanasi arising out from the FIR dated 02.02.2018, therefore, trial of the complaint case pending before Judicial Magistrate, Chakiya Chandauli may also be transferred in District Court

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Varanasi.

He further submits, however, permanent residence of applicant is District Mirzapur but at present he is residing in Haryana and specific averment in this regard has been made by the applicant in paragraph-18 of the affidavit.

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He further submits, applicant is facing great difficulty in appearing in both the cases, one is pending in District Court Varanasi and another case is pending in District Chandauli.

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He further submits, therefore, considering the above facts, the trial of the case be transferred to District Court Varanasi.

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Learned AGA on the other hand also fairly conceded that as opposite party no.2 is contesting the case arising out of charge-sheet in District Varanasi, therefore, trial of instant complaint case which is pending in District Chandauli may be transferred to District Varanasi and it will be more convenient for both the parties to contest both the cases at District Varanasi.

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I have heard both the parties and perused the record of the case.

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Applicant is husband of opposite party no.2 and he filed instant transfer application with a prayer to transfer the Complaint Case No. 349 of 2020 (Pooja Singh Vs Satyendra Kumar Singh), under Sections 498A, 323, 504, 506, 427 IPC and Section 3/4 D.P. Act from the court of Civil Judge (J.D.)/Judicial Magistrate, Chakiya Chandauli to the District Court Varanasi.

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From the record, it reflects, on 02.02.2018 opposite party no.2 the wife of applicant filed FIR against him and his family members under Sections 323, 498A, 376, 377 IPC and 3/4 D.P. Act and in that case after investigation charge-sheet has been filed and trial of the case is pending before the District Court Varanasi and in that case opposite party no.2 is attending the trial court in District Varanasi.

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Record further suggests that in the year 2020 opposite party no.2 filed instant complaint case against the applicant and his family members for offence 498A, 323, 504, 506, 427 IPC and Section 3/4 D.P. Act and trial of the case is pending in District Court Chandauli.

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Further, it appears, applicant at present residing at District Haryana and

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TACR No. 670 of 2024

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3

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in case relating to charge-sheet he is continuously appearing in District Court Varanasi, therefore, considering the above facts, this Court finds merit in the argument advanced by learned counsel for applicant that it will be convenient for both the parties if the trial of complaint case be transferred from Chandauli to District Court Varanasi so as both the parties may appear before the District Court Varanasi.

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In view of above, the instant transfer applications stands allowed . The trial of Complaint Case No. 349 of 2020 (Pooja Singh Vs Satyendra Kumar Singh), under Sections 498A, 323, 504, 506, 427 IPC and Section 3/4 D.P. Act is hereby transferred to District Court Varanasi.

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October 7, 2025 AK Pandey

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(Sameer Jain,J.)

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Satyendra Kumar Singh v. State of Up and Another

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Satyendra Kumar Singh v. State of Up and Another

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