Pramila Sahoo vs Mithun @ Manas Rout And Others

G. Satapathy, J

This  matter  is  taken  up  through  Hybrid Arrangement (Virtual/Physical Mode).

This is an transfer application U/S 407 of the Cr.P.C. by the petitioner seeking for transfer of the complaint filed by the O.P. No.1 against her in 1.C.C. Case No. 81 of 2022 titled as “Mithun @ Manas Rout vs. Pramila Sahoo” pending in the file of learned Gramya Nyalay-cum-J.M.F.C., Bhograi to the Court of learned S.D.J.M., Bhadrak.

Mr. S.K. Nayak, learned counsel for the petitioner submits that the petitioner is the wife of O.P. No.1, who has filed this complaint only to harass the petitioner, but the fact remains that the petitioner has instituted a criminal case and a maintenance case at Bhadrak and the same are pending before the learned S.D.J.M. and learned Judge, Family Court, Bhadrak and therefore, for the convenience of the parties, all the three cases need to be tried and disposed of at the same place.

On the other hand, none appears for the O.P. despite valid service.

A perusal of the record would also go to indicate that the petitioner has filed an F.I.R. against her husband and in-laws for commission of offence U/S 498-A and other offences which is pending before the learned S.D.J.M., Bhadrak. Besides, the petitioner has also filed another petition against her husband for grant of maintenance in CRP No. 266 of 2022 which is also pending before the learned Judge, Family Court, Bhadrak. Moreover, the learned counsel for the petitioner informs the Court that the maintenance case is at the stage of argument, whereas summon has already been issued to O.P. No.1 in the criminal case vide Annexure-3.

In view of the aforesaid facts and circumstance and taking into consideration the pendency of criminal case instituted by the petitioner-wife against the O.P. No.1-husband and in-laws which is pending in the Court of learned S.D.J.M., Bhadrak, this Court considers that the complaint case needs to be transferred to the Court of learned S.D.J.M., Bhadrak.

In the result, the present transfer application stands allowed and the complaint case in 1.C.C. No.81 of 2022 pending before the learned Gramya Nyalay-cum-J.M.F.C., Bhograi is hereby transferred to the learned S.D.J.M., Bhadrak for disposal.

A copy of this order be communicated to the learned Gramya Nyalay-cum-J.M.F.C., Bhograi and learned S.D.J.M., Bhadrak for compliance.

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