Madhulika Srivastava v. Amit Kumar Srivastava and 6 Others

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 553 of 2023 Applicant :- Madhulika Srivastava Opposite Party :- Amit Kumar Srivastava And 6 Others Counsel for Applicant :- Hare Ram Pandey,Varun Shankar Dwivedi Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant.

¶2The present application has been filed by the applicant seeking transfer of Complaint Case No.756 of 2022 (old Misc. Suit No.11/2019) (Madhulika Srivastava Vs. Amit Kumar Srivastava and Others) under Section 156(3) of Cr.P.C. pending in the court of Additional Civil Judge (J.D.) F.T.C. 2nd, Deoria to competent Court at Gorakhpur.

¶3Stamp Reporter has submitted following report: "Stamp Reporter has to submit that instant Transfer Application is not maintainable under Section 24 of C.P.C."

¶4Since the case has been instituted under Section 156(3) of Cr.P.C. which is criminal in nature, therefore, the transfer application under Section 24 of C.P.C. is not maintainable.

¶5In such view of the fact, the transfer application is dismissed with liberty to the applicant to approach before appropriate forum. Order Date :- 29.11.2023 R.S. Tiwari High Court of Judicature at Allahabad