MEENAKSHI RAJPUT vs KAPIL DEV RAJPUT
- Court
- Uttarakhand High Court
UKHC010005662025
2026:UHC:8155
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Transfer Application No.1 of 2025
Meenakshi Rajput -- Appellant
Versus
Kapil Dev Rajput --Respondents
----------------------------------------------------------------------
Present:-
Mr. Shumayla Zafri, learned counsel holding brief of Mr. Kurban
Ali, learned counsel for the applicant through V.C.
Mr. Narendra Bali, learned counsel for the respondent.
----------------------------------------------------------------------
Hon’ble Siddhartha Sah, J. (Oral)
By means of the present transfer application
under Section 447 of the BNSS, the applicant has sought
the transfer of Criminal Case No. 41 of 2024, State
versus Meenakshi Devi
, pending in the court of the Civil
Judge (Junior Division)/Judicial Magistrate, Chakrata,
Dehradun, under Sections 323, 504, and 506 of the IPC,
from the court of the Civil Judge (Junior
Division)/Judicial Magistrate, Chakrata, Dehradun, to a
competent court at Rishikesh.
2. Learned counsel for the applicant would
submit that the matter arises out of a matrimonial
dispute. She further states that the applicant is the wife
of the respondent and that she has no means to travel to
1
UKHC010005662025
2026:UHC:8155
Chakrata from her parental place at Najibabad. She
would further submit that the proceedings are an
outcome of a matrimonial dispute and deserve to be
quashed. She would further submit that multiple
proceedings are pending between the applicant and the
respondent, and that it was the applicant who lodged the
first report against the respondent, and, in counterblast,
this FIR has been lodged, and the proceedings deserve to
be quashed.
3. She would further submit that a case under
Section 125 of the Cr.P.C. for maintenance is pending in
the court at Najibabad. She would further submit that an
ex-parte divorce decree has already been passed against
the applicant, against which the applicant has approached
this Court.
4. Per contra, learned counsel for the
informant/respondent, Mr. Narendra Bali, would submit
that the FIR has been registered against the applicant at
P.S. Chakrata and that, after due investigation, a charge-
sheet has been submitted against the applicant. The trial is
underway in the court of the Civil Judge (Junior
Division)/Judicial Magistrate, Chakrata, District
Dehradun, under Sections 323, 504, and 506 of the IPC.
2
UKHC010005662025
2026:UHC:8155
Cognizance was taken in the year 2024 by virtue of the
order dated 27th July 2024. The very purpose of filing
the present transfer application is to delay the
proceedings of the trial. He would thus submit that there
is no scope for transfer and that no good ground has
been made out for the transfer of the case from Chakrata
to Rishikesh, as sought by means of the present transfer
application under Section 447 of the BNSS.
5. After hearing the rival contentions of the
counsel for the parties, it is clear that the applicant is the
wife and the respondent is the husband. The present
transfer application emanates from an FIR which was
lodged at the behest of the respondent against the
applicant, and after the lodging of the FIR, the same
culminated in the filing of a charge-sheet, and thereafter,
cognizance was taken by the trial court vide order dated
27.07.2024, whereby the applicant was summoned to
face trial under Sections 323, 504, and 506 of the IPC.
6. The ground, as agitated by the learned counsel
for the applicant, is that the parties are having
matrimonial disputes. The applicant resides in
Najibabad, whereas the criminal case is pending in the
court of the Civil Judge (Junior Division)/Judicial
3
UKHC010005662025
2026:UHC:8155
Magistrate, Chakrata, Dehradun. Chakrata is quite far
away from Najibabad; therefore, the applicant does not
have any means to travel to Chakrata. Therefore, the trial
be transferred to a competent court in Rishikesh.
7. Learned counsel for the applicant has
submitted that since Chakrata would be very far away
from Najibabad, the applicant would face considerable
difficulty in travelling to a distant place like Chakrata,
and she may be permitted to appear online through video
conferencing in the court below.
8. On the other hand, learned counsel for the
informant/respondent would submit that the present
transfer application is just a ruse being adopted by the
applicant to delay the proceedings of the trial. He would
submit that the alleged lack of means is no ground to
transfer the case to any other court, inasmuch as the
incident has occurred within the jurisdiction of the trial
court, and it is fully competent to try the case.
9. After having considered the submissions of
counsel for the parties, it is clear that the trial is pending
in the court of the Civil Judge (Junior Division)/Judicial
Magistrate, Chakrata, Dehradun. The grounds of
4
UKHC010005662025
2026:UHC:8155
matrimonial disputes between the parties and that the
applicant does not have the means to travel to Chakrata
appear to be just an excuse and an attempt to delay the
proceedings of the trial, as has been pointed out by the
learned counsel for the respondent. As such, there is no
question of transferring the criminal case from the court
of the Civil Judge (Junior Division)/Judicial Magistrate,
Chakrata, District Dehradun, to a court in Rishikesh.
10. The liberty as sought by the learned counsel
for the applicant appears to be just, and considering the
facility of appearing through video conferencing, the
prayer as made by the learned counsel for the applicant
is allowed. However, the applicant is directed to appear in
person on the dates when her personal appearance is
required, like recording of her statement under Section
313 CrPC, delivery of judgment, or any other stage for
which her personal appearance may be necessary.
11. With the aforesaid liberty of appearing through
video conferencing, the present transfer application is
dismissed.
(Siddhartha Sah, J.)
10.09.2026
BS
BALWANT
SINGH
Digitally signed by BALWANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba
7ce8640c5820, postalCode=263001, st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC
00A7A13C14A680C3FA90, cn=BALWANT SINGH
Date: 2026.09.10 18:11:17 +05'30'
5