POONAM SRIVASTAVA,J. - (1.)HEARD Sri Manish Tiwary, learned Counsel for the applicants and learned A.G.A. for the State.
(2.)THE instant transfer application is to transfer the proceedings of case No. 11242 of 2006, arising out of case crime No. 436 of 2006, State v. Pankaj Sharma and Ors., under Sections 498 -A, 323, 504, 506, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sahibabad, District Ghaziabad to the Court of competent jurisdiction.
Learned Counsel for the applicants has placed the First Information Report where the entire family members including the applicants are arrayed as an accused. The applicant No. 1 is husband and applicant No. 2 is mother -in -law. The submission is that the allegation in the First Information Report shows that the place where the crime is alleged to have been committed by the present applicants, is Allahabad whereas the other accused, who are Jeth, Jethani, Nanad and Nandoi, have committed the alleged offence at Ghaziabad. An application under Section 482 Cr.P.C. numbered as Criminal Misc. Application No. 9656 of 2006 is pending in this Court in which the proceedings against the accused Nos. 3, 4, 5 and 6 have been stayed. The submission on behalf of the applicants is on the basis of decision of the Apex Court in the case of Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr., 2004(2) JIC 666 (SC) : 2004 SCC (Cri) 2134 and a Division Bench decision of this Court in the case of Sunil Kumar and Ors. v. State of U.P. and Ors., ACC 1993 (30), 344. The applicant No. 1 is working at Allahabad and after the marriage with the opposite party No. 2, both of them started living at Allahabad. The wife left the husband and started living in Delhi. A complaint was lodged with “Crime against women cell” (north east District Delhi) which was registered on 3 -3 -2003. Subsequently the matter was resolved. However, when the complaint was instituted, the applicants obtained an anticipatory bail from the Court of New Delhi in the year 2003. Learned Counsel has placed the part of the First Information Report where the allegations are against the husband subjecting her to cruelty and thereafter when she came at her parent's house, telephone calls were received from Allahabad. Subsequently on 5 -6 -2006, the accused Nos. 3, 4, 5 and 6 came at Ghaziabad and made demand of dowry and extended threat and also assaulted in her own house. The First Information Report was registered at Police Station Sahibabad.

(3.)ON the basis of the aforesaid allegation, the submission is that since “cause of action” in so far it relates to the present applicants, is at Allahabad and, therefore, the proceeding at Ghaziabad is not maintainable.