Yogesh Chandra Pant & Others vs State Of Uttarakhand & Another

Vipin Sanghi, CJ

This petition has been preferred by the petitioners, under Section 407 of the Code of Criminal Procedure (for short “Cr.P.C.”), to seek transfer of Criminal Case No.567 of 2021, “State vs. Yogesh Pant & others”, under Sections 323, 504, 506, 498-A, 34 IPC & Section 3/4 of the Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Almora.

Petitioner No.1 was the husband of respondent No.2. Petitioner Nos.2 and 3 were the mother-in-law and cousin brother of respondent No.2. The aforesaid case has been instituted on the complaint of respondent No.2, wherein a charge-sheet/ final report stands filed under Section 173 Cr.P.C.

A perusal of the charge-sheet shows that, of the seven witnesses cited, of which two are formal witnesses, the remaining five witnesses are residents of Someshwar, District Almora.

Admittedly, respondent No.2 is residing at Someshwar, Almora. The grounds taken in this petition to seek transfer of the aforesaid criminal case are primarily that petitioner No.2 has filed a domestic violence case against respondent No.2, bearing Case No.64 of 2021, before the Court of Additional Chief Judicial Magistrate, Ramnagar, District Nainital, and that petitioner No.2 is the senior citizen.

I am not inclined to allow this petition since the charge-sheet in the criminal case aforesaid stands filed which shows that the material witnesses are residing at Someshwar, District Almora, where the alleged incident took place.

Accordingly, this petition is dismissed.

Pending application, if any, stands disposed of.