TINA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant petition under Sec. 447 of Bhartiya Nagarik Suraksha Sanhita, 2023, the petitioner has prayed for transfer of case arising out of an FIR being C.R. No.11191030230023/2023 registered with Paschim Mahila Police Station, Ahmedabad.

(2.) Heard learned advocate, Mr. Sanat Pandya for the applicant, learned APP Mr. Rohan Shah for the respondent no.1 and learned Senior Counsel, Mr. N.D. Nanavaty assisted by learned advocate, Mr. Rahul R. Dholakia for the respondent no.2.

(3.) Learned advocate, Mr. Pandya submitted that the applicant is the original complainant, who had filed FIR against accused and then after subsequently, on the basis of the registration of FIR, the Investigating Officer commenced investigation and ultimately at the end of it, the concerned Investigating Officer concerned filed chargesheet. He submitted that in fact, at the time of registration of the FIR, the applicant was residing at Ahmedabad and she filed FIR at Paschim Mahila Police Station on 3/5/2023 for the offences under Ss. 498A , 323 , 294(b) , 506(2) , 313 , 315 , 316 and 114 of the Indian Penal Code and under Sec. 4 of the Dowry Prohibition Act but after registration of the FIR, the applicant shifted to Gandhidham and at present also, she is residing there at her parental home at Gandhidham. He submitted that however, the applicant is facing serious threats at the hands of the accused persons and, therefore, she does not wish to appear before the court at Ahmedabad and she has also instituted another proceeding against the accused persons before the court at Gandhidham. He submitted that the applicant is stationed as Gandhidham and is suffering from serious ailments and it is practically not feasible to appear and attend the court proceedings at Ahmedabad, therefore, the present application is filed with a sole intent to transfer the said proceeding from the court at Ahmedabad to the court at Gandhidham because the accused have to attend other proceeding pending before the court at Gandhidham. Learned advocate has drawn attention towards the medical papers of the applicant produced on record and submitted that it clearly goes on to show the medical ailments of the accused and because of which, it is practically not feasible for her to attend the proceeding at Ahmedabad. It is, therefore, urged that the present application may be allowed.