Manvendra Singh v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 456 of 2023 Applicant :- Manvendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shantanu Bhardwaj Counsel for Opposite Party :- G.A.,Rajesh Kumar Sachan Hon'ble Sanjay Kumar Pachori,J. Sri Shantanu Bhardwaj, learned counsel for the applicant, Sri Rajaesh Kumar Sachan, learned counsel for the opposite party no.2 and Sri Pankaj Kumar Rai, learned brief holder for the State are present. The present transfer application has been filed to transfer the Case No. 141607 of 2022 (State vs. Manvendra Singh and others) arising out of Case Crime No. 26 of 2021, under Section 498-A, 323, 406, 506 IPC and Section 3/4 Dowry Prohibition Act, pending in the court of Civil Judge Junior Division FTC, Court No. 81, Kanpur Nagar to any competent court of Ghaziabad Judgeship. Learned counsel for the applicant submits that the applicant is husband of opposite party no.2. It is further submitted that another case between the parties being Case No. 833 of 2020, under Section 13 of Hindu Marriage Act has been transferred by a co-ordinate Bench of this Court in Transfer Application (Civil) No. 342 of 2021 vide order dated 10.10.2022 from the court of Principal Judge, Family Court, Mathura to the Principal Judge, Family Court, Ghaziabad at the instance of opposite party no.2. Learned counsel for both the parties fairly submit that the mediation proceeding failed between the parties. In view of the above facts and circumstances of the case, this this transfer application is liable to be allowed. Accordingly, this transfer application is allowed. The Case No. 141607 of 2022 (State vs. Manvendra Singh and others) arising out of Case Crime No. 26 of 2021, under Section 498-A, 323, 406, 506 IPC and Section 3/4 Dowry Prohibition Act, pending in the court of Civil Judge Junior Division FTC, Court No. 81, Kanpur Nagar is transferred to the competent court of Ghaziabad Judgeship. Let a certified copy of this order be sent to the Sessions Judge, Kanpur Nagar and Ghaziabad for necessary compliance. Order Date :- 1.12.2023 MAA/- High Court of Judicature at Allahabad