PURVI JAIN BOHRA Vs. RITESH KUMAR BOHRA

JUDGEMENT

(1.) The petitioner herein has filed an application under Sec. 407 of the CrPC for transferring Criminal Case No.2338/2019 pending before the Judicial Magistrate First Class, Raipur to the Court of Judicial Magistrate First Class, Durg for offences punishable under Sec. 498A/34 of the IPC.

(2.) The petitioner being victim in Crime No.38/18 for offence under Sec. 498A/34 of the IPC has filed this transfer petition stating inter-alia that she is residing along with her parents at Durg and she has filed a complaint under the provisions of the Protection of Women from Domestic Violence Act, 2015, which is also pending in the Court of Judicial Magistrate First Class, Durg being Criminal Case No.947/2018. Thereafter, she has filed an application under Sec. 125 of the CrPC for maintenance before the Family Court, Durg, which is registered as Case No.168/2019 and one more application under Sec. 13(1) of the Hindu Marriage Act, 1955 (hereafter called as Act of 1955 ) is also pending at Family Court, Durt being Case No.500/2019 and respondent No.1 s application under Sec. 9 of the Act of 1955 for restitution of conjugal rights is also pending at Family Court, Durg being Case No.577/2019 and she has 4 years minor child and she is residing at Durg. Therefore, Criminal Case No.2338/2019 pending in the Court of Judicial Magistrate First Class, Raipur be transferred to the Court of Judicial Magistrate First Class, Durg for hearing and disposal in accordance with law.

(3.) Reply has been filed by respondents No.1, 3 and 4, who are husband, father-in-law and mother-in-law of the petitioner stating inter-alia that charge-sheet for offence under Sec. 498A/34 of the IPC was filed before the Judicial Magistrate First Class, Raipur on 25/3/2019, in which the victim / petitioner has been examined on 10/1/2020 and this transfer petition under Sec. 407 of the CrPC has been filed by her on 13/7/2021 after her examination before the said Court on 10/1/2020 and even she has been partly cross-examined and even final report has been submitted by the police before the jurisdictional criminal court in the FIR made by the petitioner for offence under Ss. 294 and 506/34 of the IPC finding that no offence is made out against respondent No.1. In that view of the matter, the transfer petition deserves to be dismissed.