SAJJAN KUMAR PANDA Vs. MITHLESH KUMARI

JUDGEMENT

(1.) THIS petition under Section 407 read with Section 482, Cr. P. C. has been filed for transfer of Miscellaneous Criminal Case No. 138/2000 pending in the Court of learned Judicial Magistrate, First Class, Bina, District Sagar to any other Court outside the district of Sagar.

(2.) THE respondent has filed a petition under Section 125, Cr. P. C. against the petitioner for grant of maintenance allowance which is Miscellaneous Criminal Case No. 138/2000 pending in the Court of learned Judicial Magistrate, First Class, Bina, District Sagar. It is alleged that on 30. 9. 2000 when the petitioner was in the Court premises, he was forcibly taken to a room by Raju, the brother of the respondent and one another person named Dr. Pahalwan. In that room he was beaten by both of them and was compelled to pay Rs. 2 lacs. He anyhow managed to escape and sent a written report on 3. 10. 2000 to the Superintendent of Police, Sagar and S. D. O. (Police), Bina. It is further alleged that on 14. 11. 2000, he was again caught by the brother and other persons related to the respondent and again threated to pay Rs. 2 lacs or to face dire consequences. The matter was again reported by him to the Superintendent of Police, Sagar and S. D. O. (Police), Bina on 28. 11. 2000. He has, therefore, reasonable apprehension in his mind that he will not get justice from the Court of Bina and, therefore, has prayed that the above criminal case be transferred from the Court of Bina to the Court in any other district outside District Sagar.

(3.) THE respondent though did not file any written reply to the petition filed by the petitioner, yet the learned Counsel appearing for the respondent has vehemently denied the above facts and has contended that the petitioner somehow is trying to make a false case for transfer. It has further been contended by the learned Counsel for the respondent that no such incident ever took place as alleged by the petitioner. It has further been contended by him that the respondent being female would face inconvenience if the case is transferred from Bina to other district