2023 Supreme(Online)(ALL) 13856
ALLAHABAD HIGH COURT
ARCHANA CHAUBE AND 4 OTHERS – Appellant
Versus
State of U.P. AND ANOTHER – Respondent
TACR 349/2022
['DINESH KUMAR SINGH', 'G A', '', 'DEEPAK DUBEY', 'SANJAY CHATURVEDI']
Court No. - 90
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 349 of 2022
Applicant :- Archana Chaube And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dinesh Kumar Singh
Counsel for Opposite Party :- G.A.,Deepak Dubey,Sanjay Chaturvedi
Hon'ble Om Prakash Tripathi,J.
No one is present on behalf of opposite party no. 2 to press this application.
Heard learned counsel for applicant and learned A.G.A. for State.
This transfer application has been moved by applicant with prayer to transfer the
proceeding of Case No. 621/2022 (Meena Sharma Vs. Archana Chaube and
others) under Section 12 of Domestic Violence Act, P.S.- Cholapur, District
Varanasi from the court of ACJM-1st Varanasi to CJM, Sonbhadra.
Learned counsel for application submitted that opposite party no. 2 is mother in
law of applicant no. 1 and she has filed case under Domestic Violence Act
impleading all six family members of the applicant with intent to harass. It is
also submitted that Criminal Complaint, Domestic Violence Act, Maintenance
Case under Section 125 Cr.P.C. are pending in District Sonbhadra and applicants
are residing at Sonbhadra. They will feel inconvenient in attending the court at
Varanasi.
Considering the submission of the applicant and keeping in mind the facts and
circumstances of the case, it would be appropriate to transfer the present case
from the court of ACJM-1st Varanasi to CJM, Sonbhadra. Complaint Case No.
621/2022, under Section 12 Domestic Violence Act, P.S.- Cholapur, District-
Varanasi pending before the ACJM-1st, Varanasi is hereby transferred to the
court of CJM, Sonbhadra for disposal in accordance with law.
Application for transfer is hereby allowed accordingly.
Let a copy of this order be sent to Sessions Judge, Varanasi and Sessions Judge,
Sonbhadra for compliance.
Order Date :- 6.1.2023
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad