Dismissed¶10

Saroj Katheriya v. State of U.P. and 6 Others

Allahabad HC22 Apr 2025TACR/763/2024

Case brief

AI extract

What is this about?

Keywords: transfer of criminal cases; Section 407 CrPC transfer application; convenience of complainant not sufficient ground for transfer; wife-complainant seeking transfer of 498A/323 IPC complaint, S.12 PWDVA 2005 case and FIR Case Crime 520/2023 (498A, 504, 506 IPC; 3/4 Dowry Prohibition Act); Chhibramau/Kannauj to Prayagraj/Allahabad; Additional Chief Judicial Magistrate; application dismissed; High Court of Judicature at Allahabad; Justice Manoj Bajaj; order dated 22.4.2025; neutral citation 2025:AHC:59806.

What did the court decide?

Since all these cases were filed by the complainant-applicant herself at Kannauj and are pending trial, the sole ground for seeking transfer — her own convenience arising from residence at Prayagraj due to employment — is not sufficient for transferring the cases. ¶9

Saroj Katheriya vs State of U.P. and 6 Others — Domestic Violence | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:59806

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Court No. - 77

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 763 of 2024

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Applicant :- Saroj Katheriya Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Swadesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Manoj Bajaj,J.

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Applicant-Saroj Katheriya has filed this petition under Section 407 Code of Criminal Procedure for transfer of Criminal Complaint Case No. 2559 of 2022; titled Saroj Katheriya vs. Narendra and others, under Sections 498A, 323 IPC and Section 3/4 Dowry Prohibition Act, Case No. 10111 of 2022; titled Saroj Katheriya vs. Narendra Singh and others, under Section 12 Protection of Women from Domestic Violence Act, 2005, and Case Crime No. 520/2023, under Sections 498A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Saurikh, District Kannauj, pending before Additional Chief Judicial Magistrate, Chhibramau, District Kannauj to the court of competent jurisdiction at District Allahabad.

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When the case is called, no one has appeared on behalf of the applicant.

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Applicant-wife is a complainant in all the three cases filed against husband and his relatives and all these cases bearing Case Crime No. 520 of 2023, Complaint Case No. 10111 of 2022, under Domestic Violence Act and Criminal Complaint Case No. 2559 of 2022, which are pending adjudication before the courts at Chhibramau, District Kannauj. The applicant has moved this application for transferring the said cases to Prayagraj on the sole ground that with her employment at Prayagraj, she is residing here.

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Since, all these cases were filed by the complainant-applicant herself at Kannauj, which are pending trial and the sole ground seeking transfer of all theses cases is based on her convenience only, and the said ground is not sufficient for transferring the cases.

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The application fails and is hereby dismissed.

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Order Date :- 22.4.2025 Brijesh

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

Saroj Katheriya v. State of U.P. and 6 Others

Case brief

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Saroj Katheriya v. State of U.P. and 6 Others

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