A transfer application becomes infructuous if the case in question has already been decided.

Headnote:
Fact of the Case:

The applicant, Vikas Gautam, filed a transfer application seeking to transfer a case under section 125 Cr.P.C. (maintenance) from the Court of Principal Judge, Family Court, Mathura to a court in Etah or Lucknow. The applicant argued that he was posted as District Supply Officer in Mau, which was about 700 km from Mathura, making it difficult for him to attend court proceedings.
Finding of the Court:

The court noted that the case under section 125 Cr.P.C. had already been decided on 18.11.2022, rendering the transfer application infructuous.
Issues: Whether the transfer application was maintainable given that the case had already been decided.
Ratio Decidendi: The court held that the transfer application was infructuous and lacked merit since the case had already been decided.
Final Decision: The court rejected the transfer application as infructuous.

Court No. - 90

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 545

of 2022

Applicant :- Vikas Gautam

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Munendra Nath Chaubey

Counsel for Opposite Party :- G.A.,Parvez Iqbal Ansari

Hon'ble Om Prakash Tripathi,J.

Heard learned counsel for the applicant, learned A.G.A. and

learned counsel for the opposite party no. 2 on Criminal

Transfer Application.

This transfer application has been filed with a prayer to transfer

the case no.1006 of 2021 (Smt. Sonam Kumari vs. Vikas

Gautam) under section 125 Cr.P.C. pending in the Court of

Principal Judge,Family Court, Mathura to the Court of

competent jurisdiction in the judgeship of Etah or Lucknow.

It is submitted by learned counsel for the applicant that the

applicant is posted as District Supply Officer in Mau and the

distance from Mathura to Mau is about 700 km.

Learned counsel for the opposite party no. 2. has objected the

above prayer of the applicant and submitted that case under

section 125 Cr.P.C. No.1006 of 2021 has been decided on

18.11.2022 and now this transfer application has become

infructuous.

The grounds for transfer of the aforesaid case is insufficient and

this criminal transfer application lacks merit and is liable to be

rejected as infructuous.

The application is accordingly, rejected.

Order Date :- 9.1.2023

Monika

Digitally signed by :-

MONIKA KESARWANI

High Court of Judicature at Allahabad