2023 Supreme(Online)(All) 26375
ALLAHABAD HIGH COURT
SMT. REHANA – Appellant
Versus
State of U.P. AND 8 OTHERS – Respondent
TACR 524 2022
Court No. - 92
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 524 of
2022
Applicant :- Smt. Rehana
Opposite Party :- State Of U.P. And 8 Others
Counsel for Applicant :- Safiullah
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
1- Heard Sri Safiullah, learned counsel for the applicant and
learned A.G.A. for the State. Perused the record.
2- The present transfer application has been filed with a prayer to
allow this application and transfer the Case No. 1111 of 2021 (Smt.
Rehana Vs. Imran and Other), under Section 12 Domestic
Violence Act, Police Station Bilari, District Moradabad pending in
the court of ACJM-I, Moradabad, from District Judgeship
Moradabad to Ghaziabad or Gautam Budh Nagar.
3- At the outset, learned counsel for the applicant submits that
opposite party no. 2 has not discharged his matrimonial obligation
till date and wants to linger this case. He submits that applicant
could not doing proper pairvi in her case due to fear of opposite
party nos. 2 to 8 and they have also good political approach in
local administration upon which they made pressure upon the
applicant to withdraw her case filed against them.
4- Although learned A.G.A. refuted the above arguement
however, learned counsel for the applicant has stated in the Court
that applicant has withdrawn her case in the trial court, therefore,
they do not want to press this transfer application. Learned A.G.A.
has no objection to it.
5- In view of the above, this transfer application is dismissed.
Order Date :- 12.4.2023
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad