Anjum vs. State Of U.P.

Court No. - 89

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 23 of 2021

Applicant :- Smt. Anjum Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.

Hon'ble Anil Kumar Ojha,J.

Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for O.P. No.2 and perused the record.

Applicant Smt. Anjum has filed this Transfer application to transfer Complaint Case No.283 of 2019 (C.N.R. No. UPM0040016352019) ( Smt. Yasmeen vs.Rustam Ali and others) under sections 452, 323, 504, 506 I.P.C., Police Station Majhola, District Moradabad, from the court of Chief Judicial Magistrate, Moradabad to a court of competent jurisdiction in District Court Sambhal at Chandausi.

Submission of the learned counsel for the applicant is that the case sought to be transferred is a result of matrimonial discord. Applicant is wife therein. Several other cases are pending in between the parties. Further submitted that in Transfer Application (Civil) No.29 of 2021(Smt. Anjum vs. Mohammad Akil) a coordinate Bench of this Court transferred Suit No.1232 of 2018(Mohd. Akil vs. Smt. Anjum) from the Family Court at Moradabad to the Family Court in Sambhal at Chandausi.

Per contra learned counsel for O.P. No.2 vehemently opposed the Transfer Application.

Considering the entire facts and circumstances of the case, particularly, the fact that the applicant is wife and one case has already been transferred by the Coordinate Bench of this Court from District Court Moradabad to District Court Sambhal at Chandausi, it would be appropriate to transfer this case also from District Court Moradabad to a court of competent jurisdiction in District Court Sambhal at Chandausi.

In view of the above, Transfer Application is allowed. Complaint Case No.283 of 2019 (C.N.R. No. .UPM0040016352019) (State vs. Smt. Yasmeen vs.Rustam Ali and others) under sections 452, 323, 504, 506 I.P.C., Police Station Majhola, District Moradabad is transferred from the court of Chief Judicial Magistrate, Moradabad to the court of

competent jurisdiction in District Court Sambhal at Chandausi.

In view of the above, District Judge,Moradabad is directed to transfer the record of the aforesaid case within two weeks from the date of receipt of a copy of this order to District Judge, Sambhal at Chandausi, who in turn shall transfer it to a court of competent jurisdiction.

Office to communicate this order to District Judge, Moradabad and District Judge, Sambhal at Chandausi through FAX and email for necessary information and compliance.

Order Date :- 22.3.2022 mt