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2024 Supreme(All) 854

SHAMIM AHMED
Roshan Jahan – Appellant
Versus
Hasmat Ali @ Chhedu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Subhash Bisaria.

JUDGMENT :

SHAMIM AHMED, J.

1. Heard Sri Subhash Bisaria, learned counsel for the applicant and Ms. Ankita Tripathi, learned A.G.A. for the State as well as perused the record.

2. This application Under Section 407 Cr.P.C. has been moved on behalf of applicant with a prayer to transfer the Misc. Case No. 1151/2019, Misc. Case No. 349/2021 and Misc. Case No. 942/2021 for recovery of maintenance amount which is pending before the learned Principal Judge, Family Court, Sitapur, arising out of Criminal Case No. 3702182/2014, under Section 125 Cr.P.C. and also Misc. Case No. 741/2017, under Section 340 Cr.P.C. to the court of learned Principal Judge, Family Court, Lucknow.

3. Learned Counsel for the applicant submits that the applicant is the wife of opposite party No. 1 and she lives in Lucknow, Uttar Pradesh and she always lives in fear whenever she has to appear in District Court, Sitapur as she has an apprehension that the opposite party no. 1 may harm her. He further submits that opposite party no. 1 always threaten her and abused her and her family members whenever, she appeared in the Trial Court, Sitapur. He further submits that proceedings under Section 125 Cr.P.C. are also pending

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