RAKHI SHARMA Vs. STATE OF C G

JUDGEMENT

(1.) This is an application under Section 407 of Cr.P.C. for transfer of Criminal Case No. 6/2011 pending in the Court of Judicial Magistrate First Class, Raipur to a Court of competent jurisdiction at Pendra or Bilaspur. The applicant is the wife of respondent No. 2 Viplav Sharma, their marriage took place on 06/02/2010, however on account of marital dispute and alleged commission of cruelty an F.I.R. was lodged on Crime No. 355/2010 with Police Station Purani Basti, Raipur. On completion of investigation charge-sheet has been submitted and the above said trial is pending.

(2.) Learned counsel for the applicant would submit that the respondent No. 2/husband is a practicing Advocate and one of the accused namely Smt. Simpal Sharma, the respondent No. 7, is posted as A.D.P.O. at Raipur. Dr. Nagendra Sharma is a practicing Advocate at Durg and Mrs. Shilpa Sharma is a Professor in law faculty at Chhattisgarh College. Her husband is a Professor with D.P. Vipra College, Raipur and as such all the accused persons are influential person and are in a position to influence the trial. The following statement has been made in para 1 of the application:-

(3.) In para 8 yet again statement has been made that the accused persons told the applicant that the judiciary, prosecution department and the police of Raipur division are under their influence. With these balled statement the applicant apprehends that she may not get fair trial in the Court at Raipur.