Anuj Kumar Singh Vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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TRANSFER APPLICATION (CRIMINAL) No. - 490 of 2025

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Anuj 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) : Manoj Kumar Singh, Rajesh Kumar Singh Counsel for Opposite Party(s) : Avneesh Kumar Singh, Baikunth Nath Singh, G.A., Manish Kumar Singh

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Court No. - 53

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HON'BLE SAMIT GOPAL, J.

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This matter although is today listed at item no.155 in the daily cause list but has been taken up on a mention made by the learned counsel for opposite party No.2, as he was granted liberty to mention the matter for being taken up for final hearing vide order dated 3.2.2026.

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Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Sri Manish Kumar Singh, learned counsel for opposite party No.2 and learned AGA for the State-respondent No.1.

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This application for transfer under Sections 447 of BNSS, 2023 has been filed by the applicant-Anuj Kumar Singh before this Court with the following prayer :-

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" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present transfer application and transfer the Case No.271 of 2025, Vidhi Singh Vs. Anuj Kumar Singh, U/S 144 BNSS, 2023 from the court of Principal Judge, Family Court, Bhadohi at Gyanpur to any other Family Court either at District Court Prayagraj or any other District Court of the adjoining District, so that the justice may be done with the applicant.

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It is further prayed that till the pendency of present petition/application before this Hon'ble Court the further proceeding of aforesaid Case No.271 of 2025, Vidhi Singh Vs. Anuj Kumar Singh, u/s

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TACR No. 490 of 2025

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2

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144 BNSS, 2023 pending the Court of Principal Judge, Family Court, Bhadohi at Ghyanpur, may kindly be stayed, otherwise the applicant shall suffer irreparable loss and injury. "

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The facts of the case are that the applicant was married to the opposite party No.2 on 28.11.2021. A matrimonial discorded between the parties started and thus an application, under Section 144 of BNSS dated 23.05.2025 was filed by opposite party No.2 against the applicant claiming maintenance of Rs.50,000/- per month. An application for interim maintenance was also moved therein. The case was registered by the Court concerned and notice was issued to the applicant. On 18.07.2025, the court concerned found notice to be sufficient and thus granted time to file Written Statement/Objection, then on 1.8.2025, the respondent was not present and thus the court proceeded ex parte. On 21.08.2025, the respondent No.2 filed his vakalatnama along with an application and the matter was thus adjourned. Subsequently, an application No.22- Ba was filed by the respondent therein for recall of the order dated 21.08.2025, by which, the court concerned had posted the matter for argument. The said application for recall was allowed but with a cost of Rs.7000/. This application for transfer has thus being moved before this Court on the ground as pleaded in paragraph no.3 of the affidavit in support of the transfer application on the ground that the marriage of the applicant and the opposite party was solemnized at District Prayagraj, whereas opposite party no.2 is residing with her parents therein and no cause of action arises at District Bhadohi. Further while placing paragraph 4 of the affidavit, it is submitted that the father of the opposite party No.2 namely, Sri Abhimanyu Singh is posted as Incharge Record Room, Civil Court, Bhadohi, whereas her cousin brother namely, Siddharth Singh is posted as Clerk in the Administrative Office of District Court Bhadohi at Gyanpur and it is submitted while placing paragraph 5 of the affidavit that taking undue advantage of the posting of her father and cousin brother in the District Court, the case has been filed at Bhadohi, which does not have any jurisdiction to entertain it.

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Learned counsel for opposite party No.2 submits that the present transfer application is totally without any substance and just in order to get the case transferred without any justifiable reason. It is submitted that

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TACR No. 490 of 2025

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3

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a counter affidavit in the matter has been filed, which would demonstrate that despite sufficient opportunity, the applicant failed to file any objection/ W.S. in the matter before the Trial Court and now is taking a ground, which is without any substance for getting the case transferred. It is submitted that the averments in paragraph no.5 of the affidavit in support of transfer application is merely apprehension of the applicant, which is without any basis and without any substance. It is submitted that the transfer application be dismissed.

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Learned counsel for the State has also being heard.

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After having heard the parties and perusing the record, it is evident that transfer of a case, under Section 144 BNSS has been prayed on the ground that the father of opposite party no.2 and her cousin brother are employed at District Bhadohi and are influencing the Trial Court concerned, for which an instance has been brought on record and placed before the court being order dated 18.09.2025, in which, the trial court concerned although allowed the application No.22-Ba of the applicant but with a cost of Rs.7,000/- to show that the trial court is being influenced by the said two employees.

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This Court has perused the said order dated 18.09.2025. The order is a detailed order on merits. The applicant had a remedy against that order before the appropriate forum. Merely by expressing an apprehension that the same has been passed under some influence of the father and cousin brother of opposite party no.2 who are trial court's employees is without any basis and substance. Nothing has been brought forward in the present petition to show that the said order has been subjected to challenge by the applicant before any superior court. The apprehension of the applicant is totally unfounded and baseless and thus the transfer application stands dismissed.

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Interim order, if any, stands vacated.

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(Samit Gopal,J.)

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February 24, 2026 SFH

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Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad

Anuj Kumar Singh v. State of U.P. and Another

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Anuj Kumar Singh v. State of U.P. and Another

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