Sudhir Agarwal, J. - (1.) THE application is restored to its original number vide order of date passed on recall application. As requested by learned counsel for the parties, the same is taken up for hearing and is being disposed of finally.
(2.) HEARD Sri Sanjiv Singh, Advocate for applicant and perused the record. This is an application filed under Section 407 Cr. P.C. seeking transfer of Criminal Case No. 2772 of 2007, under Sections 323, 504, 506 and 379 IPC from the Court of Chief Judicial Magistrate, Siddharth Nagar to any Competent Court at Varanasi.
(3.) IT is contended that a matrimonial matter has already been transferred to Varanasi in Transfer Application (Civil) No. 280 of 2012 vide order dated 13.03.2013 on the ground of convenience of wife and the same parity must be applied in the present case.;