IN THE SUPREME COURT OF INDIA

[CRIMINAL ORIGINAL JURISDICTION]

TRANSFER PETITION (CRIMINAL) No. …………..OF 2016

U/S 406 of Cr.P.C. for Transfer of Complaint No.10200 of 2014 2014 titled as Dr. Smt.
Garima Gupta & Anr. Vs. Dr. Abhimanyu Gupta & Ors. Pending in the Court of Additional
Chief Judicial Magistrate First, Gorakhpur (U.P.), AND Case Crime No.122 of 2015 Pending in
the Court of Additional Chief Judicial Magistrate 2ND, Gorakhpur (U.P.), to the Court of Chief
Judicial Magistrate,Pathankot(Punjab )

IN THE MATTER OF:

Dr. AbhimanyuGupta …….. ... Petitioner

//VERSUS//

Dr. Smt. Garima Gupta &Etc. ……Respondents

//WITH//

[Crl.M.P.No. /2016 [An application for ad-interim ex-parte stay]

//AND//

[Crl.M.P.No. /2016 [An application for Exemption from filing O.T.]

PAPER BOOK

(FOR INDEX PLEASE SEE INSIDE)

[ADVOCATE FOR THE PETITIONER S.R.SETIA]

 INDEX

Serial No Particular of Documents Page Nos.

1. Listing Performa A to A-1

2. List of Dates B --

3. Transfer Petition (Criminal) with affidavit 1 --

4. APPENDIX::Relevant provision of under

section 12 of Domestic Violence Act 2005.

5. ANNEXURE P/1: A transitedcopy of the

DVC No.10200 of 2014titled as Dr. Smt.
Garima Gupta &Anr. Vs. Dr. Abhimanyu
Gupta & Ors.Pending in the Court of
Additional Chief Judicial Magistrate First,
Gorakhpur (U.P.).

6. ANNEXURE P/2: A transited copy of the

Case Crime No.122 of 2015 arising out of
FIR No. 122 of 2015 titled as Dr. Smt.
Garima Gupta &Anr. Vs. Dr. Abhimanyu
Gupta & Ors.Pending in the Court of
Additional Chief Judicial Magistrate 2 nd,
Gorakhpur, (U.P.).

7. Crl.M.P.No. /2016 ::An application for ad-

interim ex-parte stay.

8. Crl.M.P.No. /2016 ::An application for

exemption from filing O.T.

**********
 INDEX

Serial No Particular of Documents Page Nos.

1. Listing Performa A to A-1

2. List of Dates B --

3. Transfer Petition (Criminal) with affidavit 1 --

4. APPENDIX::Relevant provision of under

section 12 of Domestic Violence Act 2005.
5. ANNEXURE P/1: A transitedcopy of the
DVC No.10200 of 2014titled as Dr. Smt.
Garima Gupta &Anr. Vs. Dr. Abhimanyu
Gupta & Ors.Pending in the Court of
Additional Chief Judicial Magistrate First,
Gorakhpur (U.P.).

6. ANNEXURE P/2: A transited copy of the

Case Crime No.122 of 2015 arising out of
FIR No. 122 of 2015 titled as Dr. Smt.
Garima Gupta &Anr. Vs. Dr. Abhimanyu
Gupta & Ors.Pending in the Court of
Additional Chief Judicial Magistrate First,
Gorakhpur, (U.P.).

7. ANNEXURE P/3: A true copy of the order

dated

8. ANNEXURE P/4: A true copy of the order

dated 8-9-2014 passed by this Hon’ble Court
in T.P.(Civil) No.1806 of 2013.

9. Crl.M.P.No. /2015 ::An application for ad-

interim ex-parte stay.

**********
 SECTION XVI-A

IN THE SUPREME COURT OF INDIA

[CRIMINALORIGINAL JURISDICTION]

TRANSFER PETITION (CRIMINAL) No. …………..OF 2016

IN THE MATTER OF:

Dr. AbhimanyuGupta …….. ... Petitioner

//Versus//

Dr. Smt. Garima Gupta & Anr. ……Respondents

INDEX OF FILING

S.No. DESCRIPTION COPIES COURT

FEES
1. Listing Performa 1 + 3
2. List of Dates 1 + 3

3. Transfer Petition [Crl.] with affidavit 1 + 3

4. 1 + 3

ANNEXURE-P/1

5. An application for ad-interim ex- 1 + 3

parte stay]

6.
7. Vakalatnama and Memo of
Appearance.

(S.R. SETIA ) Code No. 714

Advocate for the petitioner
New Delhi. 323, New Lawyers Chamber’s
Dated: - 2- 2016 Supreme Court of India
Ph: 23070061
 SECTION-XVI-A

PROFORMA FOR FIRST LISTING

THE CASE PERTAINS TO (PLEASE TICK/CHECK THE CORRECT BOX.)

Central Act: (Title) PWDV Act, 2005

Section : Under Section12 PWDV Act

Central Rule: (Title) Under Section 154 of Cr.P.C.
Rule No(s) :N.A.

State Act: (Title) Protection of Women for Domestic

Violence Act.2005
Section: Under Section 498-A, 323,504,506, 406, 313,
3/4 D.P. Act
State Rule: (Title) N.A.

Rule No(s): N.A.

Impugned Interim order: (Date) NO

Impugned Final Order/Decree: (Date) DVC No.10200/2014 and

Case Crime No.122 of 2015

High Court: (Name) In the Court of Additional Chief Judicial

Magistrate First Gorakhpur ( U.P.) in DVC No.10200/14
And
In the Court of Additional Chief Judicial Magistrate 2nd,
Gorakhpur ( U.P.) in Case Crime No.122/14
Names of Judges: N.A.
Tribunal/Authority: (Name) N.A.

1. Nature of Matter: Criminal

2.(a) Petitioner/Appellant No.1: AbhimanyuGupta

(b) e-mail ID: N.A.

(c) Mobile Phone Number: N.A.

3.(a) Respondent No.1: Dr. Smt. Garima Gupta & Ors.

(b) e-mail ID: N.A.

(c) Mobile Phone Number: N.A.

4.(a) Main Category classification: 14 Criminal Matters

(b) Sub classification: 1412Criminal T.P. U/s 406 of the Cr.P.C.

5. Not to be listed before: NO.

6. Similar/ Pending matter: NO.

7. Criminal Matters:

(a) Whether accused /convict has surrendered: NO

 (b) FIR No. Date:DVC No.10200of 2014& Case Crime No.122 of
2015 arising out of FIR No.122 of 2015

(c) Police Station :N.A.

(d) Sentence Awarded: N.A.

(e) Sentence Undergone: N.A.

8. Land Acqauisition Matters:

(a) Date of Section 4 Notification :N.A.

(b) Date of Section 6 Notification: N.A.

(c) Date of Section 17 notification: N.A.

9. Tax Matter: State the tax effect: N.A.

10. Special Category: (first petitioner/appellant only): N.A.

Senior citizen > 65 years SC/ST Woman/Child Disabled

Legal Aid Case In custody

11. Vehicle Number (in case of Motor Accident Claim matters): N.A.

12. Decided cases with citation :NO

Date -2-2016 (S. R. SETIA )

AOR: Advocate for the Petitioner (s)
Registration No.714
Ph.23070061
E-Mail:- srsetia34@gmail.com
 LIST OF DATES

That the petitioner is filing the present Transfer Petition U/s 406

of the Criminal Procedure Code seeking the Transfer of

Complaint No.10200 of 2014 titled as Dr. Smt. Garima Gupta &

Anr. Vs. Dr. Abhimanyu Gupta & Ors. Pending in the Court of

Additional Chief Judicial Magistrate First, Gorakhpur, (U.P.),

AND Case Crime No.122 of 2015 (arising out of FIR No.122 of

2015) titled as State Vs. Dr. Abhimanyu Gupta & Ors. Pending

in the Court of Additional Chief Judicial Magistrate 2nd,

Gorakhpur (U.P.) to the Court of Chief Judicial Magistrate,

Pathankot (Punjab )

That the Petitioner is a doctor practicing in Pathankot and

Jammu and has been constrained to approach this Hon’ble

Court as his wife and her family members have embroiled him

and his old parents in false cases at Gorakhpur and are

threatening to get him killed if he does not accede to their

unjust demands. On the last occasion when the Petitioner went

to Gorakhpur the Respondents family had gathered a mob of

around 80-100 people in the Court premises to assault the

Petitioner, however with the help of police the Petitioner was

able to safely come out of Gorakhpur. The Petitioner

apprehends that if he travels to Gorakhpur in future then his

and his family members life may be in danger.

That the cases filed by the Respondent are based on completely

false allegations and the Petitioner has video, audio and

documentary proof that the allegations leveled by the

Respondent regarding harassment are false.

A. One allegation is that Respondent was beaten and

thrown out of her matrimonial home on 24-11-

2015. However there is CCTV footage showing

that she is happily and in normal circumstances

leaving the matrimonial home with her sister to

travel to her family home.She had also taken leave

from her job in advance.

B. She has also alleged that in August, 2011 she had

become pregnant and the Petitioner forcibly did an

ultrasound and got the child aborted in his own

hospital at Pathankot. The truth is that in August,

2011 she was pursuing her education in Pune and

Petitioner was studying in Delhi. In fact the terms

of the parties were very good and the Respondent

took a leave in August, 2011 and came to Delhi to

celebrate the birthday of the Petitioner on 6-8-

2011 and the parties stayed in Best Western

Resort Gurgaon to celebrate the occasion.

The cases filed by the Respondent are blatantly false on the

face of record and are an abuse of the process of law to extort

money from the Petitioner and/or to compel him to leave his

parents and shift out of his parental home. Therefore the

Petitioner is humbly seeking that the proceedings may be

transferred to Pathankot or any place outside Gorakhpur so that

the petitioner may effectively defend himself in these

proceedings.
 That it is submitted at the outset that the Petitioner still wants

an amicable settlement of the dispute to safeguard the interests

of his child. He is ready to restart his matrimonial life with the

Respondent and is also ready in the alternative to give a

divorce to her if that is what the Respondent wants. The only

thing he is trying to avoid is further court cases and conflict

between the parties as it will only adversely affect his young

son. Therefore the Petitioner shall also be humbly seeking a

direction from this Hon’ble Court to direct the parties to make

an attempt to amicable settle the dispute between them

through mediation.

5-5-2011 That the facts and circumstances leading to the filing of the

present Transfer Petition are being detailed hereinafter:-

That the marriage of the Petitioner was solemnized with the

Respondent according to Hindu Rites and customs on 5-05-

2011 at Surajkund, Faridabad, Haryana. The Petitioner is a

doctor having a MBBS (Mumbai) degree with a gold Medal to

his credit. Father of the petitioner is renowned cardiologist

and mother is managing the administration of the hospital in

the name and style of “K.D.H” established by them at

Pathankot.

That at the time of marriage petitioner was pursuing DM at Sir

Ganga Ram Hospital, New Delhi and the respondent was

pursuing M.D. in Radiology at D.Y Patil Medical College and

Hospital, Pimpri, Pune.

That after marriage, both the parties cohabited at Pathankot for

few months. During this period once the respondent

 complained about staying at Pathankot with Petitioner’s

parents, as she didn’t want to stay in a joint family, however

petitioner took it lightly and thought it to be her homesickness

on being at a new place.

That thereafter in order to complete their respective advance

medical courses, respondent returned to Pune and petitioner

rejoined at Sir Ganga Ram Hospital, New Delhi.Though

petitioner was also pursuing his advance medical course in

Delhi, and the parents of the petitioner were occupied with their

medical profession but they never ignored their responsibilities

towards respondent. On her birthdays and other special

occasions they made visits to Pune, so that the respondent

does not feel neglected. At the same time petitioner and her

parents gave complete freedom and support to the respondent

to follow her dream and pursue her advance studies even after

her marriage. Petitioner and his parents are from the strata of

society, which regard and value education and independence of

women.

That out of the wedlock when respondent conceived her first

child during her stay in Pune, whole family of the petitioner was

elated upon hearing the news and at the same time concerned

about the health of the Respondent. Therefore, in order to take

good care of the respondent, mother of the petitioner went to

Pune.

May,2013 That in May, 2013 when the Respondent completed her M.D in

Radiology the Petitioner went to Pune to bring her back to

 home.

13-5-2013 That on 13-5-2013 out of the said wedlock Master Aayansh

Gupta was born at Sir Ganga Ram Hospital, New Delhi. After

few days of delivery petitioner and respondent with their newly

born child returned to Pathankot to start their practice in the

Hospital established by the parents of the petitioner. The

respondent was not inclined to stay in Pathankot and wanted

petitioner to leave his old parents and live with her parents at

Gorakhpur. Petitioner was surprised to hear her views and

patiently explained to her not to bring such thoughts to her

mind as petitioner is the only son and he can never leave his

parents in their old age when they need him the most. For the

moment Respondent agreed to return.

That the petitioner is the only son of his parents. Petitioner’s

father, 66 years old, is a renowned Chest and Heart specialist in

Pathankot and have been running Hospital in the name and

style of “K.D.H” earlier name “Kaushalya Devi Hospital”.

Whereas petitioners mother, 57 years old has been managing

the Administration of the Hospital for last 25 years. Due to old

age and work pressure of the Hospital, parents of the petitioner

are not at the best of their health. Therefore, they wanted the

petitioner and the respondent to stay in Pathankot and join the

Hospital. Hence petitioner could not even think aboutleaving his

parents at this juncture of life when they needed the support of

the petitioner.
24-11-2014 That on 24-11-2014, the respondent left with her cousin Mrs.

Tina Gupta and her husband Mr. Amit Gupta on the pretext of
first marriage anniversary of brother of Tina Gupta at Lucknow.

The Respondent went happily in a good mood and there was

nothing in her conduct which would make the Petitioner suspect

that the Respondent was acting as per a plan to desert the

Petitioner.The Home CCTV footage of her departure is available

with the Petitioner and it clearly shows that the Respondent’s

departure was under normal circumstances and not under any

duress as is being claimed by her subsequently.

That on her departure for the said marriage anniversary the

respondent took all her jewelry, along with the jewellery given

to her by the parents of the petitioner with huge amount of

cash. The Respondent also took Master Aayansh along with her.

That since then the Respondent has not returned even after

innumerable request of the petitioner and also his parents.

Whenever the petitioner called respondent and attempted to

meet his child, father of the respondent thwarted, abused,

insulted petitioner and also condemned petitioner and his

parents.
Thereafter just after 8 days of her departure from Pathankot

Respondent filed a suit under section 10 of Hindu Marriage act

for Judicial separation against petitioner before the Family Court

at Gorakhpur on 2-12-2014 falsely alleging petitioner and his

parents of having harassed her for the demand of Rs 20 lacs for

the construction of the Hospital at Pathankot.

It is pertinent to mention Respondent made false allegation as

K.D.H hospital was established 26 years back and is the oldest

hospital of the Town. The said hospital was established by the

parents of the petitioner after their consistent hardwork for the

last 26 years. It is humbly submitted that the Respondent has

made false allegation against the petitioner to seek judicial

separation. Respondent has not only made false allegations

against petitioner but has also unnecessarily levied false

allegations against the innocent parents of the Petitioner.

That the parents of the respondent have been acting hand in

glove with the respondent to break the peaceful marriage of the

petitioner. Therefore merely within few days of departure from

the matrimonial home respondent filed this case at the behest

of her parents when their was sufficient scope to amicably sort

out the differences, if any. Further it is humbly submitted that

in order to make petitioner to bow down to her obstinate

demands and leave his parents and settle in Gorakhpur with her

parents, respondent adopted such unlawful and immoral tactics

and also roped in petitioner’s innocent parents in the matter

holding them to be the main cause of petitioner not succumbing

to her obstinate demands.

That when petitioner and her family did not succumb to her

pressure, the Respondent lodged another Complaint case No.

10200 of 2014, U/s 12 of Protection of Women from Domestic

Violence Act before the Addl. Judicial Magistrate II Gorakhpur.

It is humbly submitted that respondent is making the law made

for the protection of women, a tool to extort money from the

petitioner and his family. In Petitioner’s family women are given

all due respect and primacy and therefore they could have

never inflicted any sort of cruelty upon respondent for the

 demand of dowry.
That after putting false allegations demand of dowry, cruelty

and harassment, respondent filed another suit of maintenance

under Section 125 Cr. PC before the Family Court at Gorakhpur,

Allahabad.
That it is humbly submitted here that respondent is herself a

Doctor (radiologist) and earning more than the petitioner and

parents of the respondent are themselves doctors practicing in

Gorakhpur.
That the all the above cases have been filed by the respondent

at the behest of her parents to harass petitioner and his parents

to meet the obstinate demand of the respondent meet or to

face a plethora of false cases.

That in order revive his marriage and for the future of his minor

child, Petitioner filed an application under Section 9 Hindu

Marriage Act, before the Family Court, Pathankot sideling all the

differences between him and the respondent. However all the

efforts of the petitioner went in vain as the respondent was

adamant about her obstinate demands.

Thereafter when Respondent was not ready to reconcile the

differences at the behest of her parents and did not allow

petitioner to meet his minor son, petitioner was constrained to

file a petition under section 12(1) of Guardianship and Ward

Act, Matrimonial Cases No. 12/2015, before Addl. District Judge

(Matrimonial Cases) Jammu seeking custody of his minor child

Aayaansh Gupta so that his future maybe secured.

14-7-2015 That in reply to the attempts of reconciliation initiated by the

petitioner, Respondent again lodged another FIR u/s 498A, 323,

504, 506, 406,313 and ¾ DP Act 14-7-2015 on 14-7-2015

 against the petitioner and his parents Dr. Subash Gupta and Dr.

Anita Gupta at Gorakhpur.

24-7-2015 That on 24-7-2015 the father in law of the Petitioner called him

at 3:35 PM, while the Petitioner was at Jammu, from his mobile

phone No. 9415282999 and threatened to get him killed if he

didn’t withdraw the cases filed at Pathankot. The Petitioner

apprehending danger to his life lodged FIR at Janipur Police

Station, Jammu in this regard. The Respondent’s father has

challenged the said order and proceedings have been stayed by

the J & K High Court.

It is humbly submitted that the petitioner and his parents are

law abiding citizens and out of their hardwork and good

character earned a reputation in their locality. Petitioner and his

parents have always been supportive towards respondent and

have given her full support to pursue her professional

qualification and advance studies even after marriage.

Allegation of dowry demand, harassment and infliction of

cruelty leveled against the petitioner and his parents are false

and incorrect.
That the Petitioner filed a writ petition before the Hon’ble High

Court of Allahabad Judicature seeking quashing of the FIR u/s

498A, 323, 504, 506, 406,313 and ¾ DP Act.

13-10-2015 That the Hon’ble High Court of Allahabad Judicature vide it’s

order dated 13-10-2015 was pleased to allow the writ petition

of the petitioner partially and stayed arrest of the petitioners

parents until the police report is submitted.

That on …………………….when petitioner had gone to appear in

the cases pending in the District court, Gorakhapur, father of

the respondent with around 80-100supporters. The Petitioner

had apprehended the said danger and therefore had already

 met the then Senior Superintendent of Police, Gorakhpur who

had assigned four plain clothe policemen to protect the

Petitioner and his counsel. It was only due to the presence of

these policemen that the Petitioner was able to safely come

back from Gorakhpur.

That in view of the aforesaid incident and the earlier telephonic

threat made by the father in law of the Petitioner, the Petitioner

hasgrave apprehension of death or grievous hurt,if the

petitioner goes to Gorakhpur, Uttar Pradesh to attend the

hearing in the case.

7-8-2015 That it is relevant to state that the Respondent has already filed

a Transfer Petition (C) No. 1115/2015 & 1106/2015 before this

Hon’ble Court seeking transfer of the proceedings initiated by

the Petitioner at Pathankot and this Hon’ble Court has issued

notice and granted stay of further proceedings vide order dated

7-8-2015.

That the Petitioner apprehends that if he goes to Gorakhpur

then his and his family members safety may be endangered

and therefore the Petitioner is moving the present transfer

petition seeking transfer of the proceedings initiated by the

Respondent at Gorakhpur to Pathankotor to any place outside

Gorakhpur so that he can effectively and fearlessly defend

himself.

-2-2016 Hence this transfer petition.

********
 IN THE SUPREME COURT OF INDIA

[CRIMINAL ORIGINAL JURISDICTION]

TRANSFER PETITION (CRIMINAL) No. …………..OF 2016

U/S 406 of Cr.P.C. for Transfer of DVC No.10200 of 2014Pending in the Court of Additional
Chief Judicial Magistrate First, Gorakhpur (U.P.), AND Case Crime No.122 of 2015 Pending in
the Court of Additional Chief Judicial Magistrate 2ND, Gorakhpur (U.P.), to the Court of Chief
Judicial Magistrate,Pathankot(Punjab )

IN THE MATTER OF
Position of the Parties

 DVC NO.10200OF 2014 In this Court

Dr. Abhimanyu Gupta Petitioner

age about 32 years
S/o Dr. Subhash Gupta,
R/o–Mission Road, Garden Colony,
Pathankot, P.O. Pathankot,
P.S. Kotwali, District- Pathankot (Punjab)

//VERSUS//

1. Dr. Smt. Garima Gupta Contesting

age about 29 years Respondent No.1
W/o Dr.ShriAbhimanyu Gupta,
D/oShriGirish Kumar Gupta
R/o Mission Road, Garden Colony,
Pathankot, P.O. Pathankot,
P.S. Kotwali,District-Pathankot
(Punjab)
Presently Residing at NiyamatChak,
Hazaripur, P.S.Kotwali, Gorakhpur (U.P.)

2. Adhyansu (Minor) Contesting

age about 1 ½ years Respondent No.2
S/o Dr. ShriAbhimanyu Gupta,
R/o Mission Road, Garden Colony,
Pathankot, P.O. Pathankot,
P.S. Kotwali,District- Pathankot (Punjab)

Presently Residing atNiyamatChak,

HazaripurP.S. Kotwali, Gorakhpur (U.P.)
under Guardian Dr. Smt. Garima Gupta

3. Dr. ShriSubhash Gupta Performa

Age about 67 years, Respondent No.3
S/o Late Babu Ram Gupta,

4. Smt. Anita Gupta Performa

age about 59 Years Respondent No.4
W/o Dr. Subhash Gupta,
 AllRespt. 3 & 4 R/o–Mission Road,
Garden Colony,Pathankot, P.O. Pathankot,
P.S. Kotwali,District- Pathankot (Punjab)

 CASE CRIME NO.122 OF 2015

(ARISING OUT OF FIR No.122/15)

1. Dr. Abhimanyu Gupta Petitioner No.1

age about 32 years
S/o Dr. Subhash Gupta,

2. Dr. ShriSubhash Gupta Petitioner No.2

Age about 67 years,
S/o Late Babu Ram Gupta,

3. Smt. Anita Gupta Petitioner No.3

age about 59 Years
W/o Dr. Subhash Gupta,

All R/o –Mission Road, Garden Colony,

P.O. Pathankot, P.S. Kotwali,
District- Pathankot (Punjab)

//VERSUS//

1. State of U.P. Contesting

Through its Secretary, Respondent No.1
Department of Home,
State Secretariat, Lucknow
(U.P.)

2. Dr. Smt. Garima Gupta Contesting

age about 29 years Respondent No.2
W/o Dr.ShriAbhimanyu Gupta,
D/o ShriGirish Kumar Gupta
R/o NiyamatChak,
Hazaripur, P.S. Kotwali,
Gorakhpur ( U.P.)

A PETITION UNDER SEC. 406 OF Cr.P.C. FOR TRANSFER OF DVC

NO.10200 OF 2014 TITLED AS DR. SMT. GARIMA GUPTA & ANR. VS.
DR. ABHIMANYU GUPTA & ORS. PENDING IN THE COURT OF
ADDITIONALCHIEF JUDICIAL MAGISTRATE FIRST, GORAKHPUR
(U.P.),& CASE CRIME NO.122 OF 2015 TITLED AS STATE VS. DR.
ABHIMANYU GUPTA & ORS. PENDING IN THE COURT OF
ADDITIONALCHIEF JUDICIAL MAGISTRATE 2ND, GORAKHPUR
(U.P.)TO THE COURT OF CHIEF JUDICIAL MAGISTRATE, PATHANKOT
(PUNJAB )

To,
The Hon’ble Chief Justice of India and His companion Justices of the Hon’ble

Supreme Court of India.

The humble Petition of the

Above named Petitioner

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is filing the present Transfer Petition U/s 406 of the

Criminal Procedure Code seeking the Transfer of Complaint No.10200

of 2014 titled as Dr. Smt. Garima Gupta & Anr. Vs. Dr. Abhimanyu

Gupta & Ors. Pending in the Court of Additional Chief Judicial

Magistrate First, Gorakhpur (U.P.), AND Case Crime No.122 of 2015

(arising out of FIR No.122 of 2015) titled as State Vs. Dr. Abhimanyu

Gupta & Ors. Pending in the Court of Additional Chief Judicial

Magistrate 2nd, Gorakhpur (U.P.) to the Chief Judicial Magistrate,

Pathankot (Punjab).

2. That the Petitioner is a doctor practicing in Pathankot and Jammu and

has been constrained to approach this Hon’ble Court as his wife and

her family members have embroiled him and his old parents in false

cases at Gorakhpur and are threatening to get him killed if he does not

accede to their unjust demands. On the last occasion when the

Petitioner went to Gorakhpur the Respondents family had gathered a

mob of around 80-100 people in the Court premises to assault the

Petitioner, however with the help of police the Petitioner was able to

safely come out of Gorakhpur. The Petitioner apprehends that if he

 travels to Gorakhpur in future then his and his family members life may

be in danger.

3. That the cases filed by the Respondent are based on completely false

allegations and the Petitioner has video, audio and documentary proof

that the allegations leveled by the Respondent regarding harassment

are false.

A. One allegation is that Respondent was beaten and thrown out of

her matrimonial home on 24-11-2015. However there is CCTV

footage showing that she is happily and in normal circumstances

leaving the matrimonial home with her sister to travel to her

family home.She had also taken leave from her job in advance.

C. She has also alleged that in August, 2011 she had become

pregnant and the Petitioner forcibly did an ultrasound and got

the child aborted in his own hospital at Pathankot. The truth is

that in August, 2011 she was pursuing her education in Pune

and Petitioner was studying in Delhi. In fact the terms of the

parties were very good and the Respondent took a leave in

Augist, 2011 and came to Delhi to celebrate the birthday of the

Petitioner on 6-8-2011 and the parties stayed in Best Western

Resort Gurgaon to celebrate the occasion.

4. The cases filed by the Respondent are blatantly false on the face of

record and are an abuse of the process of law to extort money from

the Petitioner and/or to compel him to leave his parents and shift out of

his parental home. Therefore the Petitioner is humbly seeking that the

proceedings may be transferred to Pathankot or any place outside

Gorakhpur so that the petitioner may effectively defend himself in these

proceedings.
5. That it is submitted at the outset that the Petitioner still wants an

amicable settlement of the dispute to safeguard the interests of his

child. He is ready to restart his matrimonial life with the Respondent

and is also ready in the alternative to give a divorce to her if that is

what the Respondent wants. The only thing he is trying to avoid is

further court cases and conflict between the parties as it will only

adversely affect his young son. Therefore the Petitioner shall also be

humbly seeking a direction from this Hon’ble Court to direct the parties

to make an attempt to amicable settle the dispute between them

through mediation.

6. That the facts and circumstances leading to the filing of the present

Transfer Petition are being detailed hereinafter:-

A. That the marriage of the Petitioner was solemnized with the

Respondent according to Hindu Rites and customs on 5-05-2011 at

Surajkund, Faridabad, Haryana. The Petitioner is a doctor having a

MBBS (Mumbai) degree with a gold Medal to his credit. Father of the

petitioner is renowned cardiologist and mother is managing the

administration of the hospital in the name and style of “K.D.H”

established by them at Pathankot.

B. That at the time of marriage petitioner was pursuing DM at Sir Ganga

Ram Hospital, New Delhi and the respondent was pursuing M.D. in

Radiology at D.Y Patil Medical College and Hospital, Pimpri, Pune.

C. That after marriage, both the parties cohabited at Pathankot for few

months. During this period once the respondent complained about

staying at Pathankot with Petitioner’s parents, as she didn’t want to

stay in a joint family, however petitioner took it lightly and thought it

 to be her homesickness on being at a new place.

D. That thereafter in order to complete their respective advance medical

courses, respondent returned to Pune and petitioner rejoined at Sir

Ganga Ram Hospital, New Delhi.Though petitioner was also pursuing

his advance medical course in Delhi, and the parents of the petitioner

were occupied with their medical profession but they never ignored

their responsibilities towards respondent. On her birthdays and other

special occasions they made visits to Pune, so that the respondent

does not feel neglected. At the same time petitioner and her parents

gave complete freedom and support to the respondent to follow her

dream and pursue her advance studies even after her

marriage.Petitioner and his parents are from the strata of society,

which regard and value education and independence of women.

E. That out of the wedlock when respondent conceived her first child

during her stay in Pune, whole family of the petitioner was elated

upon hearing the news and at the same time concerned about the

health of the Respondent. Therefore, in order to take good care of the

respondent, mother of the petitioner went to Pune.

F. That in May, 2013 when the Respondent completed her M.D in

Radiology the Petitioner went to Pune to bring her back to home.

G. That on 13-5-2013 out of the said wedlock Master Aayansh Gupta was

born at Sir Ganga Ram Hospital, New Delhi. After few days of delivery

petitioner and respondent with their newly born child returned to

Pathankot to start their practice in the Hospital established by the

parents of the petitioner. The respondent was not inclined to stay in

Pathankot and wanted petitioner to leave his old parents and live with

her parents at Gorakhpur. Petitioner was surprised to hear her views

and patiently explained to her not to bring such thoughts to her mind

as petitioner is the only son and he can never leave his parents in their
 old age when they need him the most. For the moment Respondent

agreed to return.

H. That the petitioner is the only son of his parents. Petitioner’s father, 66

years old, is a renowned Chest and Heart specialist in Pathankot and

have been running Hospital in the name and style of “K.D.H” earlier

name “Kaushalya Devi Hospital”. Whereas petitioners mother, 57 years

old has been managing the Administration of the Hospital for last 25

years. Due to old age and work pressure of the Hospital, parents of

the petitioner are not at the best of their health. Therefore, they

wanted the petitioner and the respondent to stay in Pathankot and

join the Hospital. Hence petitioner could not even think aboutleaving

his parents at this juncture of life when they needed the support of

the petitioner.
I. That on 24-11-2014, the respondent left with her cousin Mrs. Tina

Gupta and her husband Mr. Amit Gupta on the pretext of first

marriage anniversary of brother of Tina Gupta at Lucknow. The

Respondent went happily in a good mood and there was nothing in

her conduct which would make the Petitioner suspect that the

Respondent was acting as per a plan to desert the Petitioner.The

Home CCTV footage of her departure is available with the Petitioner

and it clearly shows that the Respondent’s departure was under

normal circumstances and not under any duress as is being claimed by

her subsequently.

J. That on her departure for the said marriage anniversary the

respondent took all her jewelry, along with the jewellery given to her

by the parents of the petitioner with huge amount of cash. The

Respondent also took Master Aayansh along with her.

K. That since then the Respondent has not returned even after

innumerable request of the petitioner and also his parents. Whenever

 the petitioner called respondent and attempted to meet his child,

father of the respondent thwarted, abused, insulted petitioner and also

condemned petitioner and his parents.

L. Thereafter just after 8 days of her departure from Pathankot

Respondent filed a suit under section 10 of Hindu Marriage act for

Judicial separation against petitioner before the Family Court at

Gorakhpur on 2-12-2014 falsely alleging petitioner and his parents of

having harassed her for the demand of Rs 20 lacs for the construction

of the Hospital at Pathankot.

M. It is pertinent to mention Respondent made false allegation as K.D.H

hospital was established 26 years back and is the oldest hospital of the

Town. The said hospital was established by the parents of the

petitioner after their consistent hardwork for the last 26 years. It is

humbly submitted that the Respondent has made false allegation

against the petitioner to seek judicial separation. Respondent has not

only made false allegations against petitioner but has also

unnecessarily levied false allegations against the innocent parents of

the Petitioner.

N. That the parents of the respondent have been acting hand in glove

with the respondent to break the peaceful marriage of the petitioner.

Therefore merely within few days of departure from the matrimonial

home respondent filed this case at the behest of her parents when

their was sufficient scope to amicably sort out the differences, if any.

Further it is humbly submitted that in order to make petitioner to bow

down to her obstinate demands and leave his parents and settle in

Gorakhpur with her parents, respondent adopted such unlawful and

immoral tactics and also roped in petitioner’s innocent parents in the

 matter holding them to be the main cause of petitioner not

succumbing to her obstinate demands.

O. That when petitioner and her family did not succumb to her pressure,

the Respondent lodged another Complaint case No. 10200 of 2014,

U/s 12 of Protection of Women from Domestic Violence Act before the

Addl. Judicial Magistrate II Gorakhpur. It is humbly submitted that

respondent is making the law made for the protection of women, a

tool to extort money from the petitioner and his family. In Petitioner’s

family women are given all due respect and primacy and therefore

they could have never inflicted any sort of cruelty upon respondent for

the demand of dowry. A true copy of the complaint No. 10200/2014 is

being annexed herewith and marked as ANNEXURE-P/1(Pg. )

P. That after putting false allegations demand of dowry, cruelty and

harassment, respondent filed another suit of maintenance under

Section 125 Cr. PC before the Family Court at Gorakhpur, Allahabad.

Q. That it is humbly submitted here that respondent is herself a Doctor

(radiologist) and earning more than the petitioner and parents of the

respondent are themselves doctors practicing in Gorakhpur.

R. That the all the above cases have been filed by the respondent at the

behest of her parents to harass petitioner and his parents to meet the

obstinate demand of the respondent meet or to face a plethora of

false cases.
S. That in order revive his marriage and for the future of his minor child,

Petitioner filed an application under Section 9 Hindu Marriage Act,

before the Family Court, Pathankot sideling all the differences between

him and the respondent. However all the efforts of the petitioner went

in vain as the respondent was adamant about her obstinate demands.

T. Thereafter when Respondent was not ready to reconcile the

differences at the behest of her parents and did not allow petitioner to

meet his minor son, petitioner was constrained to file a petition under

section 12(1) of Guardianship and Ward Act, Matrimonial Cases No.

12/2015, before Addl. District Judge (Matrimonial Cases) Jammu

seeking custody of his minor child Aayaansh Gupta so that his future

maybe secured.
U. That in reply to the attempts of reconciliation initiated by the

petitioner, Respondent again lodged another FIR u/s 498A, 323, 504,

506, 406,313 and ¾ DP Act 14-7-2015 on 14-7-2015 against the

petitioner and his parents Dr. Subhash Gupta and Dr. Anita Gupta at

Gorakhpur. A true copy of the Case Crime No.122 of 2015 (arising our

of FIR No.122/2015) dated 14-7-2015 is being annexed herewith and

marked as ANNEXURE-P/2 (Pg. )

V. That on 24-7-2015 the father in law of the Petitioner called him at

3:35 PM, while the Petitioner was at Jammu, from his mobile phone

No. 9415282999 and threatened to get him killed if he didn’t withdraw

the cases filed at Pathankot. The Petitioner apprehending danger to

his life lodged FIR at Janipur Police Station, Jammu in this regard. The

Respondent’s father has challenged the said order and proceedings

have been stayed by the J & K High Court. A true copy of F.I.R. dated

24-7-2015 is being annexed herewith and marked as ANNEXURE-

P/3(Pg. )

W. It is humbly submitted that the petitioner and his parents are law

abiding citizens and out of their hardwork and good character earned

a reputation in their locality. Petitioner and his parents have always

been supportive towards respondent and have given her full support
 to pursue her professional qualification and advance studies even after

marriage. Allegation of dowry demand, harassment and infliction of

cruelty leveled against the petitioner and his parents are false and

incorrect.
X. That the Petitioner filed a writ petition before the Hon’ble High Court

of Allahabad Judicature seeking quashing of the FIR u/s 498A, 323,

504, 506, 406,313 and ¾ DP Act.

Y. That the Hon’ble High Court of Allahabad Judicature vide it’s order

dated 13-10-2015 was pleased to allow the writ petition of the

petitioner partially and stayed arrest of the petitioners parents until

the police report is submitted.

Z. That on …………………….when petitioner had gone to appear in the

cases pending in the District court, Gorakhpur, father of the

respondent with around 80-100supporters. The Petitioner had

apprehended the said danger and therefore had already met the then

Senior Superintendent of Police, Gorakhpur who had assigned four

plain clothe policemen to protect the Petitioner and his counsel. It was

only due to the presence of these policemen that the Petitioner was

able to safely come back from Gorakhpur.

AA. That in view of the aforesaid incident and the earlier telephonic

threat made by the father in law of the Petitioner, the Petitioner

hasgrave apprehension of death or grievous hurt,if the petitioner goes

to Gorakhpur, Uttar Pradesh to attend the hearing in the case.

7. That it is relevant to state that the Respondent has already filed a

Transfer Petition (C) No. 1115/2015 & 1106/2015 before this Hon’ble

Court seeking transfer of the proceedings initiated by the Petitioner at

Pathankot and this Hon’ble Court has issued notice and granted stay of

further proceedings vide order dated 7-8-2015. A true copy of the order
 dated 7-8-2015 is being annexed herewith and marked as

ANNEXURE-P/4 .

8. That the Petitioner apprehends that if he goes to Gorakhpur then his

and his family members safety may be endangered and therefore the

Petitioner is moving the present transfer petition seeking transfer of the

proceedings initiated by the Respondent at Gorakhpur to Pathankotor

to any place outside Gorakhpur so that he can effectively and fearlessly

defend himself.

9. That the petitioner therefore is approaching this Hon’ble Court on the

following amongst another grounds which are without prejudice to one

another:-

GROUNDS

A. Because if the domestic violence case proceedings are allowed to

continue at Gorakhpur then the Petitioner apprehends that his life

and safety may be endangered.

B. Because the Petitioner has been threatened in the court premises

when the Petitioner had last gone to Gorakhpur to attend the

proceedings and as such the Petitioner believes that he may not be

able to effectively and fearlessly defend himself in the present

proceedings if the same continue in Gorakhpur.

C. Because the father of the Respondent has threatened to get the

Petitioner killed and the Petitioner has already lodged a FIR in this

regard at Jammu and therefore he has reasonable apprehension that

his life may be in danger if he travels to Gorakhpur to attend the

hearing.
D. Because the parents of the Petitioner are old and feeble and suffer

from various health problems and therefore are not in a position to

travel to Gorakhpur from Pathankot.

E. Because the Respondent has solely to harass the Petitioner and his

family members filed the complaint and that too in Gorakhpur in

order to torture them so that they succumb to her illegal demands.

F. Because the Petitioner is a resident of Pathankot/Jammu and he has

no reliable contacts in Gorakhpur and as such with the given

notorious background of the Respondents it is not possible for him to

effectively defend himself in the proceedings if the same continue at

Gorakhpur.

G. Because it is expedient in the interest of justice that the aforesaid

proceedings pending at Gorakhpur, U.P. may be transferred to the

competent court in Pathankot.

H. Because the law made for the protection of women has been made

an instrument by the respondent to harass and with an ulterior

motive to pressurerise the petitioner and his parents.

I. Because the Petitioner has been threatened over the phone and in

the court premises when the Petitioner went to Gorakhpur to appear

before the court, that if he enters the vicinity of Gorakhpur next

time, he will not return alive.

J. Because petitioner has left no stone unturned to reconcile his

marriage but the parents of the Respondent has restrained petitioner

with the threat that if the petitioner made any approach further, he

will have to face the dire consequences.

 10.That the petitioner has not filed any other transfer petition before this

Hon’ble Court seeking the present relief.

PRAYER

It is therefore most respectfully being prayed that this Hon’ble Court may be

pleased to:-

a. Transfer the Complaint No.10200 of 2014 & titled as Dr. Smt.

Garima Gupta &Anr. Vs. Dr. Abhimanyu Gupta & Ors. Pending in

the Court of Additional Chief Judicial Magistrate First, Gorakhpur

(U.P.) AND Case Crime No.122 of 2015 (arising out of FIR

No.122/2015) titled state v/s Dr Abhimanyu Gupta& Ors.

pending in the court of Additional Chief Judicial Magistrate 2 nd,

Gorakhpur (U.P.), to the Court of Chief Judicial Magistrate,

PathanKot (Punjab.)

b. Pass such other order/orders as this Hon’ble Court may deem fit

and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS YOUR PETITIONER AS DUTY

BOUND SHALL EVER PRAY

FILED ON: -2-2016 FILED BY

(S.R.SETIA)
ADVOCATE FOR THE PETITIONER

IN THE SUPREME COURT OF INDIA

[CRIMINAL ORIGINAL JURISDICTION]
 Crl.M.P. No. /2016
IN
TRANSFER PETITION [CRIMINAL] No. …………..OF 2016

IN THE MATTER OF:

Dr. Abhimanyu Gupta …….. ... Petitioner

//Versus//

Dr. Smt. Garima Gupta & Ors. ……Respondents

APPLICATION FOR AD-INTERIM EX-PARTE STAY OF FURTHER

PROCEEDINGS IN DVC NO.10200 OF 2014 TITLED AS DR. SMT.
GARIMA GUPTA & ANR. VS. DR.ABHIMANYU GUPTA & ORS. PENDING
IN THE COURT OF ADDITIONALCHIEF JUDICIAL MAGISTRATE FIRST,
GORAKHPUR (U.P.)& CASE CRIME NO.122 OF 2015 (ARISING OUT
OF FIR NO.122/2015) TITLED AS STATE VS.DR. ABHIMANYU GUPTA
& ORS. PENDING IN THE COURT OF ADDITIONALCHIEF JUDICIAL
MAGISTRATE 2nd, GORAKHPUR (U.P.)

To
The Hon’ble the Chief Justice of India and his companion Judges of the
Supreme Court of India.

The humble Petition of

The petitioner above named

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is filing the present Transfer Petition U/s 406 of

the Criminal Procedure Code seeking the Transfer of Complaint

No.10200 of 2014 titled as Dr. Smt. Garima Gupta & Anr. Vs. Dr.

Abhimanyu Gupta & Ors. Pending in the Court of Additional Chief

Judicial Magistrate First, Gorakhpur (U.P.), AND Case Crime No.122 of

2015 (arising out of FIR No.122 of 2015) titled as State Vs. Dr.
 Abhimanyu Gupta & Ors. Pending in the Court of Additional Chief

Judicial Magistrate 2nd, Gorakhpur (U.P.) to the Chief Judicial

Magistrate, Pathankot (Punjab).

2. That the facts and circumstances leading to the filing of the transfer

petition have been have been detailed in the transfer petition and for

the sake of brevity the same are not being repeated in this application

and the Petitioner craves leave of this Hon’ble Court to refer to and

rely upon the same for the purposes of the present application.

3. That for the reasons disclosed in the accompanying transfer petition

the petitioner will not be able to effectively and fearlessly defend

himself in the proceedings initiated by the Respondent against the

Petitioner at Gorakhpur.

4. That therefore the Petitioner has filed the accompanying transfer

application praying for transfer of the said Proceedings from

Gorakhpur to Pathankot.

5. That therefore the petitioner is by way of this application praying for

a stay of further proceedings in complaint No.10200 of 2014 titled as

Dr. Smt. Garima Gupta & Anr. Vs. Dr.Abhimanyu Gupta & Ors.

Pending in the Court of Additional Chief Judicial Magistrate First,

Gorakhpur (U.P.) & Case Crime No.122 of 2015, 2014 titled as State

Vs. Dr. Abhimanyu Gupta & Ors.Pending in the Court of Additional

Chief Judicial Magistrate 2nd , Gorakhpur (U.P.),police Station Mahila

Thana, District Gorakhpur,, during the pendency of the Transfer

petition.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be

pleased to:
(a) grant an ex-parte ad-interim stay of further proceedings in DVC

No.10200 of 2014 titled as Dr. Smt. Garima Gupta &Anr. Vs. Dr.

Abhimanyu Gupta & Ors. Pending in the Court of Additional Chief Judicial

Magistrate First, Gorakhpur (U.P.) and;

(b) grant an ex-parte ad-interim stay of further proceedings in Case Crime

No.122 of 2015 (arising out of FIR No.122/2015) titled as State Vs. Dr.

Abhimanyu Gupta & Ors. Pending in the Court of Additional Chief Judicial

Magistrate 2nd, Gorakhpur (U.P.), and

(c) Pass such other order/ orders, as this Hon’ble Court may deem fit and

proper in the facts and Circumstances of the case.AND FOR THIS ACT OF

AND FOR THIS ACT OF KINDNESS YOUR PETITIONER AS DUTY

BOUND SHALL EVER PRAY

FILED ON: -2-2016 FILED BY

(S.R.SETIA)
ADVOCATE FOR THE PETITIONER

IN THE SUPREME COURT OF INDIA

[CRIMINAL ORIGINAL JURISDICTION]
Crl.M.P. No. /2016
IN
 TRANSFER PETITION [CRIMINAL] No. …………..OF 2016

IN THE MATTER OF:

Dr. AbhimanyuGupta …….. ... Petitioner

//Versus//

Dr. Smt. Garima Gupta &Ors. ……Respondents

AN APPLICATION FOR EXEMPTION FROM FILING OFFICIAL

TRANSLATION OF ANNEXURES P-1 to P- ANNEXED TO THE

TRANSFER PETITION.

To,

The Hon’ble the Chief Justice of India and His Companion Justices of the

Hon’ble Supreme Court of India.

The humble petition of the

Petitioner above named

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is filing the present Transfer Petition U/s 406 of the

Criminal Procedure Code seeking the Transfer of Complaint No.10200

of 2014 titled as Dr. Smt. Garima Gupta & Anr. Vs. Dr. Abhimanyu

Gupta & Ors. Pending in the Court of Additional Chief Judicial

Magistrate First, Gorakhpur (U.P.), AND Case Crime No.122 of 2015

(arising out of FIR No.122 of 2015) titled as State Vs. Dr. Abhimanyu

Gupta & Ors. Pending in the Court of Additional Chief Judicial

Magistrate 2nd, Gorakhpur (U.P.) to the Chief Judicial Magistrate,

Pathankot (Punjab).

2. That since the original of Annexure P-1 to P- are in Hindi, the

petitioner in order to avoid any delay in the hearing of the case has got
 the same translated through his local counsel and is filing the true

English translation thereof and prays that he may be exempted from

getting these annexure translated officially.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may

graciously be pleased to:-

a) exempt the petitioner from filing official translation of

Annexure P-1 to P-

b) Pass any other or further orders as may be deemed fit and

proper in the Circumstances of the Case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY

BOUND SHALL EVER PRAY.

Filed on: -2-2016

FILED BY

(S.R.SETIA)

Advocate of the petitioner

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, JAIPUR CITY,

JAIPUR, (RAJASTHAN)

COMPLAINT NO.2013 of 2013

( ARISING OUT OF F.I.R. NO. 859/2013)

MEMO OF PARTIES

Saurabh Gupta,
S/o Sh. Surendra Gupta,
R/o- A-78, Sector -2, Chitrakoot Scheme,
Vaishali Nagar, Jaipur-302021, …………..Complainant
(Rajasthan)

// Versus//

Smt. Anima Gupta

W/o Sh. Saurabh Gupta,
D/o Rahul Tayal
R/o – C-104, Indraprastha Estate,
2 & 3, Faizabad Road,
Infront of I.T. Girls College,
Lucknow -226007 (U.P.) ……Accused

Filed on -1-2015 Filed by

(S.R.SETIA)
Advocate for the petitioner
in Supreme Court of India
 IN THE COURT OF METROPOLITAN MAGISTRATE- XIV, JAIPUR CITY,

JAIPUR, (RAJASTHAN)

COMPLAINT NO.116-A of 2013

MEMO OF PARTIES

Smt. Rita Gupta age 57 years caste Vaishya

W/o Sh.Surendra Gupta, Cast Vasya,
R/o- A-78, Sector -2, Chitrakoot,
P.S.-Vaishali Nagar, Jaipur (Rajasthan) ………..Applicant/Complainant

Versus

1. Anima Tayal
W/o Sh. Saurabh Gupta,
D/o Rahul Tayal
R/o - C104, Indraprastha Estate,
2 & 3, Faizabad Road,
Infront of I.T. Girls College,
Lucknow -226007 (U.P.)

2. AshutoshTayal
S/o Sh. Rahul Tayal,
Presently at C/o Director,
Jaipuria Institute of Management
(VineetKhand), Gomti Nagar,
Lucknow (U.P.)

3. Rahul Tayal
S/o unknown
R/o – C-104, Indraprasth Estate,
2 & 3, Faizabad Roadinfront of
I.T. Girls College, Lucknow -226007
(U.P.)
……………………… Non - Applicants
/Respondents

Filed on 15-1-2014 Filed by

(S.R.SETIA)
Advocate for the petitioner
in Supreme Court of India
 IN THE SUPREME COURT OF INDIA

[CRIMINAL ORIGINAL JURISDICTION]

TRANSFER PETITION (CRIMINAL) No. …………..OF 2015

U/S 406 of Cr.P.C. for Transfer of DVC No.226 of 2014 fromPending in the Court of the
Hon’ble IV Metropolitan Magistrate at Erramanzil, Hyderabad to the Court of Chief Judicial
Magistrate, Lucknow (U.P.)

IN THE MATTER OF

Position of the Parties

In this Court
DVC NO.226 OF 2014

1. Sri Deepak Bhatia Petitioner No.1

S/o TilakRaj Bhatia,
Age about: 31 years,
Occ: Engineer/Service in Telecom Industry,

2. Smt. Phoola Bhatia Petitioner No.2

W/o Tilak Raj Bhatia,
Age about 52 years,
Occ: Business
3. Sri Tilak Raj Bhatia, Petitioner No.3
S/o Late Mulak Raj Bhatia,
Age about: 55 years,
Occ: Business,

4. Smt. Deepti Bhatia @ Deepti Gupta, Petitioner No.4

W/o Pawan Gupta,
Age about: 28 years,
Occ: Household,

5. Sri Pawan Gupta Petitioner No.5

S/o Not in the knowledge of the petition ,
Age about: 32 years,
Occ: Service,

All Petr. No.1 to 5

R/o H.No.563/71, Chtragupt Nagar,
Alambagh, Lucknow-226005 (U.P.)

//VERSUS//

Smt. ShwetaTaneja @ Shweta Bhatia, Contesting

W/o Deepak Bhatia, Respondent
D/o Late JagdishChand Taneja, Age:-29 Years,
Occ: Presently on loss of pay
Presently Residing at SSC Apartment, Flat No.G-1,
Bhavana Enclave, Secunderabad (A.P.)