AARTI DHURVE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 407 read with Sec. 482 of the Cr.P.C. for transferring the Special Case No.177/2015 (State of M.P. Vs. Ramesh & ors.) pending before learned Special Judge (Atricities), Betul, Distt. Betul to another Court.

(2.) Learned counsel for the applicant submitted that the Special Case No.177/2005 is pending before Special Judge (Atrocities), Betul, in which applicant is a complainant. Her examination-in-chief has been recorded by the trial Court and cross-examination has to be recorded. Due to ill health applicant could not appear before the trial Court on 06/12/2021. On that, learned trial Court issued arrest warrant against the applicant without considering the medical certificate filed by applicant before the trial Court, which shows that the applicant could not get justice from the Court, so the Special Case No.177/2015 pending before Special Judge (Atrocities), Betul be transferred to another Court.

(3.) Learned counsel for the respondent No.1-State opposed the prayer and submitted that the case is pending since 2015. The applicant/complainant without any reason did not appear before the trial Court, so the trial Court issued arrest warrant to secure her presence before the Court. The apprehension of applicant/complainant that she could not get justice from the Court is baseless. The applicant has filed this petition only to delay the trial of the case. hence, it is prayed that the petition be dismissed.