Namrata Tiwari v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 469 of 2023 Applicant :- Namrata Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pratap Yadav,Ram Naresh Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri R.P. Yadav, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. Despite service of notice, none has appeared for the opposite party no.2. The present transfer application has been filed to transfer the Session Trial No.396 of 2023 (State vs. Namrata Dwivedi @ Durga and others arising out of Crime No. 135 of 2019, under Section 306, 506 and 504 IPC, pending in the court of Additional Sessions Judge, Court No.4, Kanpur Nagar to any competent court of Fatehpur Judgeship. Learned counsel for the applicant submits that the applicant is accused in the above noted case. Prosecution evidence has not been examined in the case. As per charge sheet of the present case all witnesses of the case are residing in District Fatehpur. It is further submitted that as per prosecution case, the husband of the applicant committed suicide in Kanpur Nagar, where he was posted. In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed. Accordingly, this transfer application is allowed. Let the Session Trial No.396 of 2023 (State vs. Namrata Dwivedi @ Durga and others arising out of Crime No. 135 of 2019, under Section 306, 506 and 504 IPC, pending in the court of Additional Sessions Judge, Court No.4, Kanpur Nagar be transferred to the competent court of Fatehpur Judgeship. Office is directed to send a copy of this order to Sessions Judge, Kanpur Nagar and Fatehpur for compliance. Order Date :- 30.10.2023 MAA/- High Court of Judicature at Allahabad