UJJAWALA SHARMA Vs. MANISH SHARMA

JUDGEMENT

(1.) The applicant - wife has filed this petition under section 407 of CrPC to transfer the Misc, Criminal Case No. 44/2011 (Ujwala Sharma Vs. Manish Sharma) pending in the Court of Judicial Magistrate, 1st Class, Chhatarpur, from such Court to some competent Court, having the territorial jurisdiction over the matter at Bhopal.

(2.) As per averments of the petition, the applicant herein filed the aforesaid proceeding under section 125 of CrPC in the above mentioned Court at Chhatarpur. At the time of filing the proceeding, the father of the applicant being in service of the bank was residing at Chhatarpur and subsequently in pendency of this case her father has taken VRS from his sevice and thereafter settled at Bhopal. Pursuant to it. the applicant has also come to Bhopal and residing with her father. It is also stated that the respondent is permanent resident of Bhopal. In such premises, on the basis of convenience of both the parties, the prayer for transferring the aforesaid case from Chhatarpur to Bhopal is made.

(3.) On asking respondent's counsel whether he has to face any inconvenience, if the case is transferred from Chhatarpur to Bhopal, on which he fairly stated that the respondent has not to face any inconvenience if the case is transferred from Chhatarpur to Bhopal.