Saturday, May 18, 2013

wife cannot transfer 498a case without proper justification and foundations - allahabad HC - APRIL 2013

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Court No. - 26

Case :- U/S 407 CR.P.C. No. - 34 of 2013

Petitioner :- Smt. Manju Vimal
Respondent :- The State Of U.P Thru Home Secy., U.P Lucknow And Ors.
Petitioner Counsel :- Bhola Singh Patel,Pravin Kumar Verma
Respondent Counsel :- Govt. Advocate

Hon'ble Ajai Lamba,J.

This application has been filed under Section 407 Cr.P.C. praying for transfer of trial in Case Crime No.307 of 2010 under Sections 498A, 323, 506 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, Police Station Kotwali, District Sitapur, from Sitapur to Lucknow.

On going through the contents of the petition and on questioning the learned counsel for the petitioner, this Court finds that proper foundation has not been laid.

It has also not been mentioned in the application as to when the charge sheet was filed and what is the stage of trial; whether charges have been framed or not/when they have been framed; and the accused, who would be the affected party, have not been impleaded as respondents.

No adjudication on this application is possible.

Accordingly, this application is dismissed.

Order Date :- 3.4.2013

GK Sinha

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