Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO._______________OF 2021
(Arising out of SLP (Criminal) No. 3789 of 2018)
VIKRANT VIKAL TRIPATHI APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)
O R D E R
Leave granted.
The present appeal has been preferred assailing the order
dated 20.02.2018 passed by the High Court of Judicature at
Allahabad, Lucknow Bench rejecting application seeking
transfer of FIR No. 80/2013 dated 29.04.2013 for offence under
Sections 498-A, 323, 504, 506 of the Indian Penal Code (for
short ‘the IPC’) and under Section 3/4 of the Dowry
Prohibition Act registered at P.S. Talkatora, District
Lucknow, Uttar Pradesh to District Fatehpur and tagged along
with FIR No. 289/2013 dated 01.07.2013 registered at P.S.
Kotwali, District Fatehpur instituted at the instance of
estranged wife (respondent no.2).
This Court while issuing notice on 07.05.2018 stayed
further proceedings in connection with the FIR No. 80/2013
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2021.10.01
19:44:24 IST
Reason:
dated 29.04.2013. It reveals from the record that notice has
been duly served on respondent no.2, but no one has put in
appearance on her behalf.
2
It is informed to this Court that in reference to FIR No.
289/2013 dated 01.07.2013 registered at P.S. Kotwali, District
Fatehpur, Uttar Pradesh under Sections 498-A, 323, 504, 506,
342 and 494 of the IPC and Section 3/4 of the Dowry
Prohibition Act, charge-sheet has been filed and summons have
been issued for recording the presence of the appellant, but
the appellant has not recorded his presence so far.
After we have heard the learned Counsel for the parties,
we consider it appropriate to transfer FIR No. 80/2013 dated
29.04.2013 registered at P.S. Talkatora, District Lucknow,
Uttar Pradesh on the file of the learned Civil Judge, Junior
Division, District Fatehpur and be tagged along with FIR No.
289/2013 dated 01.07.2013 registered at P.S. Kotwali, District
Fatehpur.
st
It is informed that 1 October, 2021 has been fixed by
the learned trial Judge in the proceedings and for recording
presence of the appellant. The appellant shall appear and
record his presence on the date fixed before the learned trial
st
Judge, i.e. 1 October, 2021.
We direct that further proceedings in reference to both
the afore-stated FIR No. 80/2013 and FIR No. 289/2013 be taken
up together by the Trial Judge.
With these observations, the appeal stands disposed of.
3
Pending application(s), if any, shall stand disposed of.
……………………………………………J
(AJAY RASTOGI)
……………………….……………………J
(ABHAY S. OKA)
NEW DELHI;
SEPTEMBER 28, 2021.