TRIPTI TRIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THE instant transfer application has been filed by the petitioner for transferring the case no.2512/201, under Section 147,504 & 506 I.P.C. Police Station -Munshiganj, Sub District -Amethi, District -Sultanpur pending in the Court of Additional Chief Judicial Magistrate -IInd Sultanpur Court No.18 from Sultanpur to Kanpur Nagar.

(2.) HEARD Sri Anoop Bajpai learned counsel for the petitioner and learned AGA for the State. No one appeared from the side of opposite party no.2, despite service and list being revised.

(3.) AS per factual matrix of the case marriage of the petitioner was solemnized with opposite party no.2 (Abhay Trivedi) on 25.11.2008 at Raghushila Guest House Vijai Nagar Kanpur in which adequate dowry, luxury and usable articles were provided. According to the petitioner her matrimonial relatives were not happy with the dowry and later on some dispute arose between the parties and several FIRs. were lodged by either of the parties against each other. Petitioner filed a suit under Section 125 Cr.P.C. before the Family Court, Kanpur Nagar, she has filed a case under Domestic Violence Act which is also pending in District - Kanpur Nagar. By moving this transfer application. It was further contended that so many relatives of opposite parties no.2 are powerful and influential person and due to their pressure,first information report against the petitioner was lodged after a delay of three months and charge -sheet has been submitted against her. She has further contended that she has no source of income for doing pairvi of the case outside of the District -Kanpur Nagar. There is no other male member of the family of the applicant to do pairvi of the case. Father of the applicant is an old person poor physical and mental condition due to death of his son.