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Lal Bahadur v. State Of U.P. & Others - TRANSFER APPLICATION (CRIMINAL) No. 214 of 2002  RD-AH 1111 (21 April 2005)
Criminal Misc. Transfer Application No. 214 of 2002
Lal Bahadur Vs. State of U.P. and another
This is an application for transfer of Criminal Complaint Case No. 1558 of 1999, Pushpa alias Bucchi Vs. Lal Bahadur from the court of C.J.M. Kushi Nagar to some other court of the nearest District Gorakhpur or Maharajganj.
The applicant alleges that he is resident of District Gorakhpur. His marriage had taken place with opposite party no.2, Smt. Pushpa alias Bucchi resident of Kushi Nagar. She filed a complaint against him under Section 498-A I.P.C. and ¾ Dowry Prohibition Act which is pending in the court of C.J.M., Kushinagar. She is daughter of a retired Lekhpal and that Lekhpal is exercising undue influence over the police and the administrative authorities. They are harassing the applicant and there is danger to the life of the applicant in attending the court at Kushi Nagar. He has , therefore, prayed that the case may be transferred from Kushi Nagar. He has also filed an affidavit in support the application.
Notice was sent to the opposite party no.2. She is represented through counsel but neither any counter affidavit has been filed by her nor her counsel appeared to contest the transfer application at the time of hearing.
Heard the learned counsel for the applicant and the learned A.G.A.
It is to be seen that the assertions made in the affidavit of the applicant are unrebutted so there is no reason to disbelieve the same. I, therefore, believe the affidavit of the applicant and hold that good ground for transfer has been made out .
This Transfer application is, therefore, allowed. The Criminal Complaint Case No. 1558 of 1999, Pushpa alias Bucchi Vs. Lal Bahadur pending in the court of C.J.M. Kushi Nagar is transferred to the court of C.J.M. Deoria who may either try it himself or transfer it to the court of any other Magistrate for disposal.
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