DHARMENDRA SINGH Vs. SUBHADRA KUMARL CHAUHAN

JUDGEMENT

(1.) V. N. Mehrotra, J. These petitions have been filed by the petitioners Mahendra Singh and others for transfer of Criminal Case No. 1127 of 1990 Awnish v. Dharmendra Singh and others under Sections 498-A, 504 and 506, I. P. C. Criminal Case No. 1615 of 1990 Awnish v. Dharmendra Singh and others under Sections 403/406, I. P. C. ; Criminal Case No. 1892 of 1990 Awnish v. Dharmendra Singh and others under Sections 323/506, I. P. C. pending in the Court of C. J. M. Etawah and Criminal Case No. 407 of 1990 Awnish v. Dharmendra Singh and others under Section 125, Cr. P. C. pending in the Court of Addition al Chief Judicial Magistrate IV Etawah; to any other Court of competent jurisdiction in any adjoining district such as Mainpuri, Farrukhabad or Kanpur.

(2.) THE brief facts are that Dharmendra Singh, who is also one of the applicants, is the son of Sri Mahendra Singh. THE other three applicants are family members of the same family. Smt. Subhadra Kumari Chauhan was married to Dharmendra Singh. THE opposite party Awnish is the brother of Smt. Subhadra Kumari Chauhan. On the complaint filed by Awnish Singh the accused persons were summoned in Criminal Case Nos. 1127/90; 1615/90 and 1892/90. Apart from this Smt. Subhadra Kumari Chauhan filed a petition under Section 125, Cr. P. C. against Dharmendra Singh. All these cases were pending.

(3.) CONSIDERING these facts these applications should be allowed. The applications for transfer of these cases are accordingly allowed. As such, Criminal Case No. 1127 of 1990 Awnish v. Dharmendra Singh and others under Sections 498-A, 504 and 506, I. P. C. pending in the Court of C. J. M. Etawah; Criminal Case No. 1892 of 1990 Awnish v. Dharmendra Singh under Section 323/506, I. P. C. pending in the court of Chief Judicial Magistrate, Etawah; Criminal Case No. 1615 of 1990 Awnish v. Dharmendra Singh and others under Sections, 403/406, I. P. C. pending in the Court of Chief Judicial Magistrate, Etawah; and Criminal Case No. 407 of 1990 under Section 125, Cr. P. C. pending in the Court of Addl. Chief Judicial Magistrate, IV, Etawah are hereby transferred from these courts to the courts of Chief Metropolitan Magistrate, Kanpur Nagar. The C. M. M. Kanpur Nagar shall either decide these cases himself or transfer the same for disposal to some other Judicial Magistrate of the district. Transfer Application Allowed. .