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Lal Bahadur v. State Of U.P. & Others - TRANSFER APPLICATION (CRIMINAL) No. 214 of 2002 [2005] RD-AH 1111 (21 April 2005)


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Criminal Misc. Transfer Application No. 214 of 2002

Lal Bahadur Vs.  State of U.P. and another

Hon'ble R.K.Rastogi,J

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.




Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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