PRAVEER SINGH Vs. JYOTI PARMAR

JUDGEMENT

(1.) This application under sec. 407 of the Code of Criminal Procedure has been filed by the applicant-husband to transfer the case RCT No.363/2017 pending before the Judicial Magistrate First Class, Chhatarpur to the competent court of District Panna or Satna for fair trial.

(2.) It is not in dispute that the applicant and respondent are husband and wife. A case RCT No.363/2017 has been filed by the respondent under Ss. 498-A and 506 of the Indian Penal Code and under Sec. 3/4 of the Dowry Protection Act, 1961 and the same is pending in the Court of Judicial Magistrate First Class, Chhatarpur against the applicant/husband and his relatives.

(3.) Learned counsel for the applicant submits that the marriage of the applicant and respondent was solemnized on 24/2/2011 as per Hindu rites. Thereafter, respondent lived with the applicant for few days. After sometime attitude of the respondent towards the applicant became cruel and it became very difficult for applicant to adjust with her. She wanted the applicant to shift at Chhatarpur. Her father Shri Yogendra Pratap Singh is most senior and famous Advocate in Chhatarpur District as well as in Rewa District and respondent herself is highly educated and practicing lawyer. The complaint against the applicant is totally vague and allegations have been exaggerated. There is no evidence or any physical or mental harm or injury inflected upon complainant. Applicant is an Engineer by profession and the respondent and her family is in legal profession her father is a Senior Advocate, she herself, her brother and sister-in-law all are in legal profession and practicing. Hence, the applicant has no confidence that he will get fair trial and justice in Chhatarpur. Therefore, he prayed to transfer the case RCT No.363/2017 pending before the Judicial Magistrate First Class, Chhatarpur to the competent court of District Panna or Satna for fair trial.