Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Jyoti Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Raghvendra Kumar Singh-II, the learned counsel for the applicant, Sri Mayank Sinha, the learned AGA and Sri Krishna Kumar Singh, the learned counsel for the opposite parties no. 2, 3 and 4.
2. By means of the instant application under Section 407 Cr.P.C./ 447 of BNSS, the applicant is seeking transfer of Case No. 33472/2023 titled State of U.P. v. Sangeeta Verma & Ors, arising out of Case Crime No. 150/2022, under Sections 323, 504 & 506 IPC/115(2), 352, 351(2)/(3) BNS, Police Station Sandi, District Hardoi, from the Court of the learned Additional Chief Judicial Magistrate-IV, Hardoi to a competent court at District Kanpur Nagar.
3. The aforesaid case has been instituted on the basis of an FIR lodged by the applicant on 29.04.2022 against the opposite parties no. 2 to 4 – Sangeeta Verma wife of Sanjay Verma, Sanjay Verma son of Naresh Chandra Verma and Satyam Verma son of Sanjay Verma, alleging that the applicant got married to Shyam Singh at District Hardoi in June, 2010. The applicant has filed cases for maintenance and regarding domestic violence at District Sonbhadra. During subsistence of his marriage with the applicant, her husband S
Transfer of criminal cases under Section 407 Cr.P.C. requires reasonable apprehension of bias, not mere allegations.
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
In matrimonial cases, the convenience of the wife and the ends of justice are paramount when considering transfer requests under Section 24 of the CPC.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
