Kanchan Shrivastava vs Vikrant Shrivastava

The petitioner, who is wife of respondent No.1, has filed this transfer petition under Section 407 of the CrPC for transfer of Criminal Case No.9237/2021 (State v. Vikrant Shrivastava and others) pending in the Court of Judicial Magistrate First Class, Durg to the Court of Judicial Magistrate First Class, Bhanupratappur.

Learned counsel for the petitioner submits that the petitioner is resident of Bhanupratappur, whereas the proceeding under Section 498A read with Section 34 of the IPC is going on in the Court of JMFC, Durg in which out of six witnesses, five witnesses are of Bhanupratappur and the petitioner is also from Bhanupratappur, therefore, looking to the convenience of the petitioner and witnesses, the case be transferred to the Court of JMFC, Bhanupratappur.

The submission of learned counsel for the petitioner is not opposed by the learned counsel for the respondents.

Taking into consideration, the distance between the Courts at Bhanupratappur and Durg and further taking into consideration that five witnesses out of the six witnesses are of Bhanupratappur and the petitioner being a woman, considering her difficulty and looking to the court proceeding at Durg, it would be appropriate that Criminal Case No.9237/2021 (State v. Vikrant Shrivastava and others) pending in the Court of JMFC, Durg be directed to be transferred to the Court of JMFC, Bhanupratappur, for hearing and disposal in accordance with law. It is ordered accordingly. A copy of this order be sent to the Court of JMFC, Durg directing it to remit the record of Criminal Case No.9237/2021 to the Court of JMFC, Bhanupratappur. Parties are directed to attend the Court of JMFC, Bhanupratappur to pursue their proceedings on 16-8-2022.

The transfer petition is allowed. No order as to cost(s).