Ashish Raghuvanshi and Others vs State of M.P. and Another

D.K. Paliwal, J.—Heard. This petition has been filed u/s 407 of Cr.P.C. for transfer of the case bearing R.T. No. 208/2008 (State of M.P. Vs. Ashish and Others) from the Court of JMFC, Kolaras to any Court of competent jurisdiction at Bhopal.

Brief facts giving rise to this petition are that on the basis of the report of respondent No. 2, who is wife of petitioner No. 1, Crime No. 19/2008 has been registered at Police Station Kolaras, District Shivpuri, against the petitioners for the offences punishable under Sections 498-A, 506-B and 34 of IPC. Petitioner No. 1 is the husband of respondent No. 2, whereas petitioner No. 2 is father-in-law, petitioner No. 3 is mother-in-law, petitioner No. 4 is brother-in-law and petitioner No. 5 is sister-in-law of respondent No. 2.

Learned counsel for the petitioners submits that after marriage behaviour of respondent No. 2 was quarrel some right from the starting and she always insisted her husband Ashish to get separated from the family. Ashish, the husband of non-applicant was not in favour of getting separated, therefore, he kept persuading the complainant to live in a joint family. The respondent No. 2, however, started picking up fights on trivial issues and polluted the whole atmosphere of the family. Therefore, petitioner No. 2 has separated the petition No. 1, however behaviour of respondent No. 2 did not improve and she continued to fight with the petitioner No. 1 and caused mental trauma to him. Therefore, petitioner No. 1 has filed the divorce petition in the Family Court, Bhopal, which was registered as Case No. 237-A/2007. The respondent No. 2 was avoiding service of the notice, thereafter she filed complaint against the petitioners before the P.S. Shahpura, Bhopal regarding demand of dowry and maltreatment. The police found allegation to be false, therefore, the case was closed. Thereafter respondent No. 2 filed the present complaint at Police Station Kolaras, District Shivpuri, which is pending before the trial Court at Kolaras. It is further submitted that petitioner No. 2 is a retired Central Government employee and both petitioners No. 2 & 3 have nothing to do with the affairs of respondent No. 2 and petitioner No. 1. They are old persons. It would be very difficult for them to attend the court on each date. Petitioners No. 4 & 5 are in job and have their own separate handsome income. Petitioners No. 4 & 5 are working at Bhopal. It is difficult for them to attend the dates of hearing on regular basis. The petitioners have challenged the territorial jurisdiction of the Court at Kolaras, however, the same has been rejected. During the trial, the respondent is not required to attend the hearing on all dates of hearing. She would be required to attend only on the date of recording of her statements. Thus, there would be no inconvenience to the complainant, if the case is transferred to Bhopal whereas the petitioners would be saved from undue harassment, mental trauma and agony by facing the trial at Kolaras.

In view of above, it is prayed that the criminal case pending in the Court of JMFC, Kolaras, District Shivpuri be transferred to any Court of competent jurisdiction at Bhopal.

Learned Panel Lawyer opposed the prayer and prayed for its rejection.

I have considered the submissions made by the learned counsel for the parties.

The ground upon which transfer of case bearing R.T. No. 208/2008 (State of M.P. Vs. Ashish And Others) pending in the Court of Kolaras has been sought to be transferred to any Court of competent jurisdiction at Bhopal, is that the petitioners are residing at Bhopal. Petitioners No. 2 & 3 are old aged persons and petitioners No. 4 & 5 are working at Bhopal and it is very difficult for them to attend each and every dates of hearing and recording of statement, while no much inconvenience would be caused to respondent No. 2.

It is true that the petitioners No. 2 & 3 are old aged persons and are residing at Bhopal, it is also true that the petitioners No. 4 & 5 are working at Bhopal. Looking the fact that the complainant is a lady and is residing at her parental house at Lukwasa within the jurisdiction of District Shivpuri, which is about four hundred km. away from Bhopal, in my considered opinion, it would be inconvenient for her to attend the Court at Bhopal. The inconvenience caused to the complainant would be much greater than the inconvenience caused to the petitioners, therefore, I see no good reason to transfer the case from the Court of JMFC, Kolaras for trial to the Court at Bhopal. Accordingly, petition is dismissed.