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Deen Dayal Sharma v. Vimlesh Kumari Sharma - TRANSFER APPLICATION (CIVIL) No. - 438 of 2007  RD-AH 17936 (16 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon. Dilip Gupta, J.
This transfer application has been filed by the husband for transferring Case No. 161 of 2007 (Smt. Vimlesh Kumari and another Vs. Deen Dayal Sharma) pending in the court of Additional Civil Judge (Junior Division), Etah to any other District Court having competent jurisdiction.
In the affidavit filed in support of the application, it has been stated that the wife had filed an application under Section 125 Cr.P.C. which was registered as Case No. 161 of 2007 and when the applicant went to attend the Court on 26.4.2007 to contest the case, the brother of the wife along with certain other persons assaulted him and information of this fact was given to the Senior Superintendent of Police, Etah by registered post on 29.5.2007.
The averments made in the affidavit do not inspire confidence as in case the applicant was assaulted on 26.4.2007, he would have immediately lodged a First Information Report but in the present case the information was given to the Senior Superintendent of Police, Etah by registered post on 29.5.2007.
The transfer application is, accordingly, rejected.
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