AFREEN KAJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under sec. 407 of the Code of Criminal Procedure has been filed by the applicant (wife of the respondent No.3- husband) to transfer the Case RCT No.8446/2021 pending before the Judicial Magistrate First Class, Bhopal to the court of competent jurisdiction at Harda.

(2.) It is not in dispute that the applicant is the legally wedded wife of the respondent No.3. A case RCT No.8446/2021 has been filed by the applicant under Sec. 498-A read with sec. 34 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, Bhopal against the respondent/husband and his relatives.

(3.) Learned counsel for the applicant submits that applicant is in service at State Bank of India, Main Branch, Harda and she is residing permanently at Harda with her parents. It is also submitted that her husband and in-laws threaten her on mobile and pressurize her to withdraw the complaint, therefore, her life is at risk. It is further submitted that matter is pending for framing of charge before the trial Court, even there is possibility that the accused will linger on the matter and they will mange the other witnesses. He has placed reliance on the decision in the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha (Civil Appeal No.4894/2022 decided on 18/7/2022). Hence, he prayed to transfer the Case RCT No.8446/2021 pending before the Judicial Magistrate First Class, Bhopal to the court of competent jurisdiction at Harda.