DHARMENDRA KUMAR MISHRA Vs. SMT. PRIYA

JUDGEMENT

(1.) THIS transfer application has been filed by Dharmendra Kumar Mishra for transferring the Criminal Case No. 24 of 2012 Smt. Priya versus Dharmendra Kumar Mishra, under Section 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Lucknow to District -Pratapgarh. It has been mentioned in the grounds of transfer that marriage between the parties was solemnized on 18.6.2006 at the residence of opposite party at Devapur in Pratapgarh. After marriage, Smt. Priya had gone to her in -laws house once and stayed there for about a week and thereafter she never went to the house of her in -laws. Petitioner is a poor person. He is working as librarian in private aided college and he is getting about Rs. 3,000/ - per month. Father of the opposite party is an employee in U.P. Police and she is fond of lavish living and could not adjust herself with applicant and his family members. Opposite parties left the matrimonial house and applicant made every endeavor to bring her back could not get success. His wife filed an application under Section 125 of Criminal Procedure Code for maintenance on the basis of false fact. She has lodged F.I.R. also against entire family of the applicant and even his married sister and brother -in -law who have no concern with the family of the applicant were made accused. There was no allegation of demand of dowry for years from the date of marriage but a false demand was alleged and criminal case was lodged. The criminal case is pending in district Pratapgarh while the application under Section 125 Cr.P.C. has been filed in Lucknow. Father of the opposite party is a driver of an officer of the rank of Deputy Superintendent of Police, Lucknow and he is posted at Lucknow. Due to his pressure when applicant went to surrender to the court at Pratapgarh, on the basis of false injury report offence under Section 307 I.P.C. was also added without evidence.

(2.) LEARNED counsel for applicant submitted that father of the opposite party is a policeman, posted at Lucknow and he has threatened applicant that he will teach him a lesson when he will come to Lucknow in the above case. Due to fear perception and terrible atmosphere created by opposite party and her father, applicant is unable to pursue his case at Lucknow. It was also submitted that there are two different versions in the F.I.R. and in the applicant under Section 125 Cr.P.C. It was also submitted that the wife is residing at her parental house at Devapur, Police Station -Lalganj, District -Pratapgarh but only to harass the applicant the case under Section 125 Cr.P.C. was filed before the Principal Judge, Family Court, Lucknow.

(3.) I have heard learned counsel for the parties and gone through the record.