SITA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an application under Section 407 of the Code of Criminal Procedure, 1973 for transfer of Criminal Case No. 190 of 2000 from the Court of Judicial Magistrate First Class, Burhanpur to a Court competent to try the same at Bhopal or Indore.

(2.) APPLICANT No. 2 Vikram Singh married Manjushree on 4-1-1998 at Burhanpur. Applicant No. 3 Vikramark Singh is his brother and applicant No. 1 Smt. Sita Devi is his mother. The father of Manjushree was a Member of Parliament. He died on 29-11-1998. His daughter Manjushree is now a Member of Legislative Assembly of Madhya Pradesh from Burhanpur constituency. She submitted a report in writing on 2-4-1999 (Annexure 1) to the Station Officer of Burhanpur Police Station. Crime No. 69 of 1999 has been registered on the basis of that report and a charge-sheet has been submitted by the Police before the Judicial Magistrate First Class, Burhanpur in which the applicants have been arraigned as accused persons. The prosecution case is that they have treated Manjushree with cruelty and demanded dowry of a large amount. The charges which have been levelled are under Section 498-A I. P. C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. It is alleged that the applicants harassed Manjushree with a view to coerce her and her father to meet the unlawful demand. The applicants submitted an application under Section 438 Cr. P. C. before the First Additional Sessions Judge, Burhanpur for anticipatory bail. That was rejected. The applicants have been granted anticipatory bail by Order dated 14-10-1999 by this Court.

(3.) THE case of the applicants is that they have reasonable apprehension in their minds that justice would be denied to them if the trial of the case takes place at Burhanpur. The grounds of their apprehension are (a) no advocate from Burhanpur is prepared to defend them because of the political influence of Manjushree and the members of her family, (b) the Police at Burhanpur is under the influence of Manjushree. The Police objected to the grant of anticipatory bail to the applicants, (c) the rejection of application for anticipatory bail by the Additional Sessions Judge is a "clear indication" that the applicants would not get a fair and impartial trial and (d) there is a threat to the applicants by the family members of Manjushree and they are being intimidated through telephone calls.