Rishi Kumar Srivastava vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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TRANSFER APPLICATION (CRIMINAL) No. - 1 of 2026

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Rishi Kumar Srivastava

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A.

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Vakalatnam filed by Sri Amit Tripathi, Advocate and Sri Vaibhav Tripathi, Advocate on behalf of the respondent no.2 is taken on record.

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On 13.1.2026, following order was passed :-

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1. Heard.

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2. This transfer application has been filed with the following prayer:-

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"To transfer the case of Misc. Case No. 388 of 2024 (under section 144 B.N.S.S./125 Cr.P.C.), (Preeti Srivastava and 2 Others Versus Rishi Kumar Srivastava), pending before Court of learned Principle Judge, Family Court, District- Ayodhya, to any court within the jurisdiction of District- Lucknow, or to any other court within the jurisdiction of any district."

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3. Learned counsel for the applicant submits that the marriage of the applicant was solemnized with the respondent no.2 on 25.11.1999 and out of their wedlock, two children (respondent nos.2 and 3) were born who are major in age. He further submits that due to matrimonial dispute arose between the applicant and the respondent no.2, several cases are pending in different courts. He next submits that the brother of the respondent no.2 is a criminal, who has already been convicted by learned trial Court and the appeal filed before this Court against his conviction order is already dismissed on 27.05.2016, and the S.L.P. is pending, as he was absconding, he was taken into custody due to strict view of Hon'ble Supreme Court and sent to jail on efforts of the applicant. He next submits that there is threat to the applicant in District- Ayodhya as associates of brother of the respondent no.2 are still active.

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It is also submitted that earlier, a complaint case no.10 of 2022 u/s 12 of Protection of Women

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TACR No. 1 of 2026

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2

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from Domestic Violence Act, 2005, Police Station- Kotwali Nagar, District- Ayodhya (Smt. Preeti Srivastava and others Vs. Rishi Srivastava and others) was transferred by this court in Transfer Application (Crl.) No. 31 of 2022. Despite service of notice on the respondent no.2, she was not deliberately appearing and she also chose to file another case u/s 125 Cr.P.C., which is subject matter of the present petition and the same may also be transferred.

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4. It is evident from the record that the genesis of the case in question is matrimonial dispute, hence, possibility of settlement cannot be ruled out.

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5. Issue notice to the respondent nos.2, 3 and 4.

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6. List this case on 23.02.2026.

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7. On the next date, the applicant and the respondent nos.2, 3 and 4 shall appear in person before this Court to explore the possibility of settlement.

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8. Station House Officer, Police Station- Kotwali Nagar, District- Ayodhya is directed to ensure presence of respondent no.2- Smt. Preeti Srivastava, respondent no.3- Isha Srivastava and respondent no.4- Arnav Srivastava (all r/o 5/3/35-A, Asha Sadan, Amaniganj, P.S.- Kotwali Nagar, District- Ayodhya, before this Court on the next date.

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9. Till the next date, no coercive action shall be taken against the applicant in the case in question.

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In pursuance of aforesaid order, applicant as well as respondent no.2 alongwith Ms. Kiran Pal, Sub Inspector, P.S. Kotwali Nagar, Ayodhya are present.

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Respondent no.2 informs that respondent nos.3 & 4 are children and presently they are studying, therefore, they could not appear and requested for some other date for their appearance.

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At this stage, respondent no.2 has no objection, in case, matter is sent to the Mediation and Conciliation Center of this Court.

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Accordingly, list this case on 17.3.2026 before the Mediation and Conciliation Center of this Court.

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On the date fixed, applicant as well respondent no.2 shall appear before the Mediation and Conciliation Center of this Court.

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List on 22.5.2026 alongwith the mediation report.

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Till then, interim order, granted earlier, shall continue.

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TACR No. 1 of 2026

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3

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Registry is directed to show the name of Sri Amit Tripathi, Advocate and Sri Vaibhav Tripathi, Advocate as counsel for the respondent no.2, whenever the case is next listed.

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(Rajeev Singh,J.)

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February 23, 2026 GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Rishi Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 3 Others

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Rishi Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 3 Others

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