PRIYESH DUBEY Vs. RIYA DUBEY

JUDGEMENT

(1.) The petitioners have fled this petition under Sec. 407 of the Code of Criminal Procedure (for short 'the Cr.P.C.') seeking transfer of case i.e. M.J.C. No.1448/2019 (titled as Riya Dubey Vs. Priyesh Dubey and Ors.) fled by the respondent herein for ofence punishable under Sec. 9(b) and 37(2)(c) of the Protection of Women against Domestic Violence Act, 2005, (for short 'the D.V. Act') pending before the learned Judicial Magistrate First Class, Bemetara, to the learned Judicial Magistrate First Class at Durg, District Durg (C.G.)

(2.) Brief facts, as projected by the petitioners, are that the petitioner No.1 and respondent are husband and wife, their marriage was solemnized on 22/2/2019 at Durg, C.G., according to the Hindu rites and custom. The respondent's parental house is situated at village Dhangaon, P.S. Nawagarh, Tahsil and District Bemetara (C.G.). It has been alleged by the respondent that after passage of one week from the date of marriage, she was being subjected to cruelty and thereby caused mental agony, which culminated in fling of complaint against the petitioners herein under Sec. 9(b) and 37(2)(c) of the D.V. Act, which is pending before the Court of learned Judicial Magistrate First Class, Bemetara (C.G.).

(3.) Learned counsel for the petitioners would submit that the petitioners have a reasonable threat to their well being at the hands of respondent, her family members and their accomplices at Bemetara, which renders it difficult for the petitioners to attend and conduct the proceedings before the learned Judicial Magistrate First Class, Bemetara. The petitioners have also fled complaint against the respondent and her family members at Bemetara, which has been taken on record under Sec. 155 of the Cr.P.C. Learned counsel further submits that the petitioner Nos. 2 and 3 are senior citizen aged around 67 and 61 years respectively, petitioner No.2 is sufering from various ailments including diabetes and it is very difficult for him to attend the proceeding after traveling all the way to Bemetara. It is next submitted that the respondent herein had also approached before this Court for transfer of Criminal Case No.5812/2020 for the ofence under Sec. 498-A of IPC, pending before the learned Chief Judicial Magistrate, Durg to Chief Judicial Magistrate, Bemetara, vide Transfer Petition (Cr.) No. 10/2022, which was rejected by this Court vide order dtd. 18/7/2022. The case under Sec. 498-A of IPC is pending adjudication before the learned Chief Judicial Magistrate, Durg. Therefore, this petition is fled for transfer of M.J.C. No.1448/2019 pending before Chief Judicial Magistrate, Bemetara, to the Court of Judicial Magistrate First Class, Durg. In support of his submission, learned counsel placed reliance on the decision of Hon'ble Supreme Court in the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199 and decision of this Court in the matter of Anchal Agrawal Vs. Prince Agrawal reported in 2022 SCC OnLine Chh 1359.