ANKITA VINODKUMAR NAGVADIAversusSTATE OF GUJARAT

     R/CR.MA/10239/2026                               ORDER DATED: 02/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TRANSFER) NO. 10239 of 2026
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                          ANKITA VINODKUMAR NAGVADIA
                                     Versus
                            STATE OF GUJARAT & ORS.
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Appearance:
MR JAIMIL D DOSHI(11097) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
MEET THAKKAR APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                Date : 02/07/2026

                                 ORAL ORDER


1.      The present application is filed with following reliefs:-

          “a) This Hon'ble Court may be please to pass appropriate
          order transferring Criminal Miscellaneous Application No. J-
          416 of 2022 from the court of Ld. Chief Judicial Magistrate
          Court, Valsad, Gujarat to any of the competent Ld.
          Magistrate Court at Ahmedabad.;
          b) Such other and further relief/s as may be deemed just and
          proper may kindly be granted in the interest of justice.”


2.      Learned advocate Mr. Jay Palsinh Vaghela, appearing for

respondent Nos. 2 and 3, has placed on record an affidavit of the

respondent-husband, which is ordered to be taken on record. The

same is reproduced hereinbelow.

         “I, Dr. Kashyap Laxmanbhai Zala, Aged: 38 , residing at
         Vejalpur, Ahmedabad do hereby solemnly affirm and state
         on oath as under:



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R/CR.MA/10239/2026                               ORDER DATED: 02/07/2026




    1. I have gone through the averments made in the present
    application preferred by the Applicant under Section 447 of
    the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
    transfer of Criminal Misc. Application No. J-416 of 2022
    pending before the Learned Chief Judicial Magistrate, Court
    No.2, Valsad to the competent Court at Ahmedabad.
    2. At the outset, I respectfully submit that the Respondents
    have no objection if this Hon'ble Court is pleased to transfer
    the aforesaid proceedings from the Court at Valsad to any
    competent Court at Ahmedabad.
    3. It is submitted that I've gone through contents of the
    petition and I may not dealing with para vise since objection
    are not made for rejecting prayer and from bare reading of
    averment it seems that health of minor is residing with his
    mother and now health of minor is not good, therefore
    treatment is going on at Ahmedabad hospital as averred in
    the petition and being father of the child would not object to
    such request for the welfare of the child.
    4. It is further submitted that the Respondents are also
    presently residing at Ahmedabad. Therefore, transfer of the
    to Ahmedabad would not cause any inconvenience or
    prejudice to the Respondents. proceedings
    5. I say and submit that since the interest of health of minor
    is averred in the petition and therefore respondent would be
    last person to object such request made by the petitioner
    before this court and even transfer is made to the any
    competent court as prayed in the petition it may not cause
    any prejudice to the respondent, therefore respondent
    request to allow the prayer made in the petition.



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      R/CR.MA/10239/2026                                                    ORDER DATED: 02/07/2026




           6. I respectfully submit that since question in the present
           petition is with regard to transfer of the case and not merits
           of the case, and therefore petitioner would not have any
           objection as nothing is prayed on merits.
           7. I respectfully pray that while allowing the present transfer
           application, this Hon'ble Court may clarify that all the rights,
           defences and contentions of the parties in Criminal Misc.
           Application No. J-416 of 2022 shall remain open and shall be
           decided independently on their own merits without being
           influenced by any observations made in the present
           proceedings.
           8. I say and submit that I reserves my right to file other and
           further reply in case of any necessity.”



3.        In view of the consent given by the learned advocate for

the respondents, the present application is hereby allowed.

Criminal Misc. Application No. J-416 of 2022 is transferred from

the Court of Learned Chief Judicial Magistrate Court, Valsad,

Gujarat to learned Magistrate Court, Ahmedabad. Learned

Magistrate shall summon the parties on being transferred by the

competent Court

          Direct service is permitted.




                                                                                (M. K. THAKKER,J)
Vikramsinh Amarsinh



     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 02/07/2026 15:29:32
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