Arpita Mishra v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 658 of 2023 Applicant :- Arpita Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Ashwani Kumar Pathak, learned counsel for the applicant and Ms. Saumya Madhyan, learned brief holder for the State are present. The present transfer application has been filed to transfer the Criminal Revision No. 102 of 2022 pending in the court of Sessions Judge, Maharajganj, to any other competent court of adjoining district. Learned counsel for the applicant submits that the applicant is wife of opposite party no. 2 and filed an application under Section 156(3) Cr.P.C for lodging an FIR which was dismissed and the present criminal revision has been filed. It is further submitted that the applicant is a lady, the father of the applicant is presently seriously ill only mother is a care taker of the applicant, and no other source of income or man power of the applicant. It is further submitted that the opposite party no. 2 is local political person in his area and always pressurized to the applicant for withdrawing a case which is pending in the district court Gorakhpur. In view of the above facts and circumstances, the present transfer application has no merit and it deserves to be dismissed. Accordingly, the present transfer application is dismissed. Order Date :- 9.11.2023 Saurabh High Court of Judicature at Allahabad