ANITA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has preferred this Criminal Revision under Section 397/401 of Cr. P. C. against the order dated 28/09/2011, passed by learned Sessions Judge, Gwalior (MP) in Miscellaneous Criminal Case No.73/2011, rejecting the application filed by the petitioner under Section 408 of Cr.P.C. for transferring of the pending Criminal Case No. 11645/2009 from the Court of Judicial Magistrate First Class, Gwalior to another Court.

(2.) THE petitioner is complainant in Criminal Case registered against respondent No.2, which is pending for trial before learned Judicial Magistrate First Class, Gwalior (MP). THE petitioner moved an application for transfer of the case on an apprehension that learned trial Court has rejected her application under Section 301 of Cr. P. C. and issued bailable warrants against the witnesses. It is further alleged that the order-sheets have been written after getting signature of the complainant.

(3.) LEARNED counsel for the respondent No.2 has raised an objection that against order dated 28/09/2011 passed on the application under Section 408 of Cr.P.C. revision does not lie. Only course available to the petitioner to file revision under Section 407(2) of Cr. P. C.