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Judgment
Hon''ble Prafulla C. Pant, J.—Heard.
By means of this petition moved u/s 407 of Code of Criminal Procedure, 1973, the petitioner has sought transfer of Criminal Complaint Case No. 26 of 2010 Smt. Shahin vs. Shahid Hussain and Others, relating to offences punishable u/s 498A and 506 of I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Bageshwar.
Learned counsel for the petitioner submitted that the petitioner is resident of Afjalgarh, District Bijnor (U.P). It is submitted that it is difficult for the husband of respondent no.2 to go on every date to Bageshwar. He (petitioner) has prayed to transfer of the case, either to District Nainital or District Udham Singh Nagar.
On the other hand, learned counsel for the respondent no.2 opposed the application and pleaded that it would be too harsh to ask the complainant Smt. Shahin to go from Bageshwar on every date, either to Nainital or to Udham Singh Nagar. It is further pointed out that Afjalgarh is adjoining town of District Udham Singh Nagar, and the male member will should have not much difficulty to attend the court at Bageshwar.
Having considered submissions of learned counsel for the petitioner, and after going through the papers on record, this court is not inclined to transfer the criminal complaint case, at this stage, either to Udham Singh Nagar or Nainital.
Therefore, the transfer petition is dismissed.