KAVITHA ALIAS VENKATALAKSHMI Vs. STATE

JUDGEMENT

(1.) THE de-facto complainant in Cr.No,45/2007 registered on the file of All Women Police Station, Dindigul, which is now pending on the file of the learned Judicial Magistrate No,2, Dindigul as C.C.No,238/2008, has filed this criminal original petition under section 407 Cr.P.C for the transfer of the above said criminal case from the file of the learned Judicial Magistrate No,2, Dindigul to any other court at Chennai. THE petition was initially filed only against the Inspector of Police, All Women Police Station (the investigating officer). However, the husband of the petitioner, who figures as the first accused in the above said criminal case filed a petition (M.P.No,2 of 2009) and got an order for getting impleaded as respondent No,2 in this petition. Thus the present petition, as of now is one against the investigating officer and the first accused arrayed as respondent Nos.1 and 2 respectively.

(2.) THE petitioner has filed the criminal original petition for transferring the calendar case pending on the file of the learned Judicial Magistrate No,2, Dindigul on the following grounds:-

(3.) THE de-facto complainant in C.C.No,238/2008 on the file of the learned Judicial Magistrate No,2, Dindigul is the petitioner in the criminal original petition seeking transfer of the said case from the file of the said Magistrate to any other court at Chennai. She had lodged a complaint against her husband (the second respondent herein) and five of his relatives alleging commission of cruelty punishable under section 498-A IPC and criminal intimidation punishable under section 506(i) IPC. THE said complaint was lodged on 21.12.2007 and the same was registered as Cr.No,45 of 2007 on the file of All Women Police Station, Dindigul. THE investigation resulted in the submission of a positive final report in the above said case against the second respondent herein and five others. THE said offences were taken cognizance of by the learned Judicial Magistrate No,2, Dindigul, who took the charge-sheet on file as C.C.No,238/2008.