CHANDNI MADAAN @ MEHTA Vs. STATE

JUDGEMENT

(1.) By the present petition, the petitioner seeks transfer of Sessions Case No. 13/2016 in case FIR No.957/2015 under Sections 376/506 Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') registered at PS North Rohini to another Court preferably to a lady judicial officer and expeditious disposal of the trial preferably within six months.

(2.) The grievance of the petitioner is that when the petitioner filed an application before the learned Trial Court under Sec. 173 (8) Crimial P.C. for further investigation no action thereon was taken. Further when she objected to the recording of answers, which she had not given, the learned Judge used crude and intemperate language. It is further stated that the petitioner does not feel safe even in the Court complex while hearing of the case is going on as she is surrounded by her in-laws and their relatives to intimidate her.

(3.) As noted above the above FIR has been registered for offence punishable under Sections 376/506 Penal Code besides Sec. 4 of the POCSO Act however, in the application seeking further investigation under Sec. 173 (8) Crimial P.C. the petitioner stated that Pushpa Madaan, the mother of Sandeep Madaan, was an accused in the matter because during the course of the period spent by the petitioner in her matrimonial home she observed that Pushpa Madaan used to mislead/misguide her son/husband of the petitioner and design ways to harass the complainant/petitioner and her daughter to fulfill their unwarranted, undesirable and unfair demands. Thus the endeavour of the petitioner was that since Pushpa Madaan was instigating her son, she should also be impleaded as an accused.