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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



Advocates:
['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

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