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Rashmi Sharma vs Manoj Sharma and Others

Rajasthan High Court · Decided on 4 February 2011 · Citation: (2011) 02 RAJ CK 0099

HON’BLE JUDGES
Raghvendra S. Chauhan, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 125 · Penal Code, 1860 (IPC) — Section 406, 498A · Protection of Women From Domestic Violence Act, 2005 — Section 12, 18
RESULT
Allowed
CASE NUMBER
Criminal Transfer Petition No. 15 of 2010
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Judgment

5 paragraphs · 367 words

R.S. Chauhan, J.—This transfer petition has been filed for transfering the criminal case No. 510/2009, pending before the Additional Civil Judge (J.D.) and Judicial Magistrate No. 15, Jaipur City, Jaipur to the Judicial Magistrate (First Class) Vair, District Bharatpur.

2.

It is the case of the Petitioner that she had filed a FIR, FIR No. 33/2009, u/s 498A and 406 IPC at Police Station Mahila Thana, Jaipur City (East), Jaipur on 16.3.2009 against the Respondents. Due to the physical and mental cruelties to which she was subjected to, she had no option, but to leave her matrimonial home and to shift to her father''s house situated in Bhatatpur. At Bharatpur, she had filed two cases against the Respondents, namely one u/s 125 Code of Criminal Procedure for maintenance and another under Sections 12 and 18 of the Domestic Violence Act, 2005. Both these cases are pending before the Judicial Magistrate (First Class) Vair, District Bharatpur. It is further her case that since she belongs to an extremely poor family, she is unable to travel from Bharatpur to Jaipur in order to contest her criminal case. Moreover, she claims that her in-law''s have been pressurizing her for withdrawing the criminal case, failing which she would face dire consequences on coming to Jaipur. Fearing for her personal security, she has moved the present petition before this Court.

3.

Although notices have been served on Respondent Nos. 1 to 4, no one has appeared on their behalf, despite the fact that this Court has waited for the second round. Therefore, this Court has no option, but to proceed ex-parte against the Respondent Nos. 1 to 4.

4.

Considering the fact that the Petitioner happens to be a poor lady, considering the fact that she fears for her personal security in case she were to come to Jaipur, considering the fact that as a complainant, she has to substantiate her case pending before the Jaipur, this Court deems it proper to transfer the criminal case No. 510/2009, pending before the Additional Civil Judge (J.D.) and Judicial Magistrate No. 15, Jaipur City, Jaipur to the Judicial Magistrate (First Class) Vair, District Bharatpur.

5.

With these observations, this transfer petition is, hereby, allowed.